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THE CHEHOKEE QUESTION, 



REPORT 



COMMISSIONER OF IIDIAI AFFAIRS 



PltESIDENT OF THE UNITED STATES, 



JUNE 15, 186G: 



"UPPLEMENTARY TO THE REPORT OF THE COMMISSIONERS APPOINTED 

BY THE PRESIDENT TO TREAT WITH THE INDIANS SOUTH 

OF KANSAS, AND WHICH ASSEMBLED AT FORT 

SMITH, ARK., IN SEPTEMBER, 1865. 




WASHINGTON; 

<;OVERNMENT PRINTING OFFICE. 

1866. 



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THE CHEROKEE QUESTION- 



Department of the Interior. 

Office op Indian Affairs, 

Washington, D. C, , June 15, 186G. 
To Andrew Johnson, President of the United States : 

The undersigned, Commissioner of Indian Affairs, as president of 
the southern treaty commission, charged with the duty of negotiat- 
ing treaties wnth the several tribes of Indians located in the Indian 
country or in the State of Kansas, and also with the Indians of the 
plains Avest of Kansas and the Indian country, has the honor to sub- 
mit the following additional report: 

All that was done by the commission at Fort Smith, Arkansas, 
in September last, and how it was done, in discharge of the duty im- 
posed by your order, is already fully reported and published in my 
annual report for the year 18G5, commencing on printed page 296 of 
that report, to which I beg leave to refer. It will be perceived that 
the commission was only in part successful, owing, as was asserted 
by the Indians, and believed by us, to the fact that several of the In- 
dian tribes, including the Cherokees, had not been notified that new 
treaties with them were desired by the government, and that they 
had not been properly authorized to make treaties by which au}^ of 
their lands were to be set apart to the United States, for the use of 
the friendly tribes in Kansas and elsewhere, as contained in para- 
graph No. 5. on page No. 299, of the report above referred to, 
and that the Cherokee national council must first authorize such a 
treaty to be made, and appoint the commissioners to make it. 

No objections were made by the delegation to the several proposi- 
tions, except the tvard of looicer and aidhority in the delegates then 
present. They promised to return home, and lay these propositions, 
and all other matters, before their national council, and receive their 
instructions. No doubt was then expressed that the council would 
confer all the necessary power upon a commission to make a treaty. 
They were then informed that the delegation to make a treaty Avould 
be called to Washington city, probably, early in December then next, 
for that purpose. After your commission ascertained that a full 
treaty, according to our instructions, could not be made, for the above 
causes, the commission submitted the articles of a partial treaty, as 
set forth on pages 301 and 302 of the report above referred to, a 
copy of which was furnished to each tribe. The Cherokees had from 
the beginning persistently contended that, although it was true that 
the treaty of October 7, 1861, was made with the Confederate 
States, that they had done so under coercion of the rebel army, and 
that said treaty was not binding, but as to them was null and void. 

On the day the copy of the partial treaty was furnished the Cher- 
okees, September 13, we were informed that John Ross, the principal 



4 THE CHEROKEE QUESTION. 

chief of the Clierokee nation, had arrived in the cam[) of the Chero- 
kees. That same evenino; tlie several Indian agents were called be- 
fore the commission, and asked what was the prospect of their seve- 
ral trilx's signing- the treaty. The Cherokees were first called. 
Agent riarhni, for the Cherokees, answered that the Cherokees 
claimed that they had signed the rebel treaty to avoid annihilation 
by the rebels, and thflt the same was null and void; that the majority 
of the nation had all the time been loyal to the United States, and 
only yielded to i)ower they could not resist; but that as soon as they 
found a force sullicient to protect them, they joined the Union army 
and fought to the end of the war, and fought well. And all this he 
believed, claiming, as the}^ did, that if true, there was no forfeiture 
on their j)ai-t. He gave it as his opinion that while the recitals in 
the preamble remained, asserting a forfeiture of money and lands, 
they never would sign it; and that he, believing it, would not advise 
them to do so, unless under a protest that they had signed it to pre- 
vent total destruction of their lives and property; but that, under 
such protest, he would advise them to sign it, and thus save the 
question of Ibrfeiture for fuller inquiry. He thought they ought to 
and would sign it under ])rotest. 

To this protest the commission consented, and Agent Harlan wrote 
the protest, which was at once submitted and allowed. You will find 
this paper on page 304 of the Report of the Commissioner of Indian 
Affairs, above referred to. as having been made by Colonel Reese at 
the time of signing the treaty. 

Without entering into details in I'egard to the facts apparent to the 
commission tending to show that it was the influence of John Ross 
whicli, even now, hindered the Cherokee delegates from signing the 
preliminary treaty, it may be sufficient to say that very shortly after 
the commission 'had decided no longer to recognize Ross as chief, 
under what they deemed ample evidence of iiis bad influence upon 
his people, and his steady and sincere disloyalty to the government 
of the United States, the delegates representing the Cherokee Nation 
did sign that treaty. 

To the commission, when at Fort Smith, it seemed very clear that 
John Ross, within one month after the late war commenced, clearly 
took sides with the rebels and against the government of the United 
States, and that within four months the whole nation, in general 
mass meeting called by, and after a speech from him, unanimously 
resolved to throw off their allegiance to the United States, and join 
the Confederate States. If we were right in our conclusion, (and I 
still think we were,) John Ross was all the time, and the whole na- 
tion after the first tour months, disloyal. In August, 18G1, General 
Stand Watie received authority from General McCulloch to raise a bat- 
talion in the nation for the rebel service. This force was raised and organ- 
ized in the December following. In July and August Colonel John Drew, 
by express authority of Mr. Ross, raised a regiment for the same pur- 
pose. General Stand Watie's regiment continued in the rebel service 
to the end of the war. Colonel Drew's regiment continued in the rebel 
service until after the battle of Pea Ridge, where most of the regi- 



THE CHEROKEE QUESTION. 5 

mciil fonglit in the rebel army, and sluired in its defeat. Shortly 
after that memorable defeat, three important events took place : the 
rebel army was driven out of western Arkansas; the Union army, un- 
der Colonel Weir, invaded the Cherokee Nation with a force apparently 
invincible; and the confederate government was found unable to pay 
its troops in anything but confederate money — nearly worthless. 
How much either one or all of these events had to do with Cherokee 
returning loyalty, others can judge as well as we. The facts exist: 
the returning loyalty followed closely on the heels of these events. 
Drew's regiment abandoned the rebel service, and enlisted in the 
Union army. One other regiment, under Colonel Ritchie, was raised in 
the Cherokee Nation. Both regiments served the Union to the end 
of the war. 

From August, 18G2, until last September, Mr. Ross, all the time 
chief, had not once been in the Cherokee Nation, and so far as we 
then knew, or so f;ir as I now know, Mr. Ross had taken no active in- 
terest in Cherokee aifairs. If his zeal were as great as he now pre- 
tends it always has been in the Union cause and for the Cherokee 
people, whom he had served so long and so successfully, and whose 
welfare he had so industriously and influentially promoted, it seems 
somewhat strange to me that he should have abandoned the Union 
cause in its great peril in 18G2, and strange beyond belief that he 
should for more than three years have abandoned the Cherokee peo- 
ple, when ruin, swift and certain, was overwhelming them; when his 
influence, acknowledged ability, and foresight were so much needed 
among his people; and quietly settled himself down in Philadelphia, 
1,600 miles from his people. at an expense of some thirty thousand dol- 
lars to the nation, while the people whom he loved so well (!) were 
half starving for want of these thousands so prodigally spent by him. 
Inasmucli as the claims of John Ross, and of his party in the 
Cherokee Nation, to loyalty from the beginning of the war, in April, 
18G1, are a very important element in the consideration of the subject 
of the just course to be pursued by the government towards the 
Cherokees as a people, I beg your indulgence while I devote some 
space to that particular issue. 

In the months of May and June, in ISGI, Mr. Ross wrote several 
letters declaring a firm determination to maintain perfect neutrality. 
These letters manifest considerable ability and much firmness on 
the part of Mr. Ross; and yet as early as the 17th day of May he 
received a letter from Colonel Kenney, commanding the rebel forces 
at Fort Smith, inquiring what course he, as chief of the Cherokee 
Nation, intended to pursue in the war then begun. This letter was 
sent to Mr. Ross by Mr. J. B. Luce, of Fort Smith. I have seen it. 
but it is now mislaid. This letter was answered by Mr. Ross, and 
is one of the letters in which Mr. Ross maintains his right to remain 
neutral. But to the hearer of that letter he said verbally. " I claim 
the right to remain neutral, but if I am ever compelled to take 
sides, I am a southern man. born in the south, a slaveholder, and 
sliall take sides icith the south " 

On the 12th dav of June, 18G1, General McCulloch wrote to Mr. 



6 THE CHEROKEE QUESTION. 

Ross, (see his letter, Appendix, No. 1,) assuring- him of his friendship, 
and determination, if possible, to respect his neutrality on certain 
conditions, one of which is, that all the Cherokees, so disposed, 
must be allowed to join the army as home guards, for the purpose 
of defending themselves in case of invasion from the north; and 
McCulloch adds: " This, of course, will be in accordance with the 
views you expressed to me, that in case of an invasion from the 
north, you would lead your men, yourself, to repel it.'' 

To this, (June 17, 1861,) Mr. Ross answered, (see letter. Appen- 
dix. No, 2,) reiterating his firm purpose to remain neutral, and de- 
clining to permit the Cherokees to organize as home guards, assert- 
ing his friendship for General McCulloch, and for the people of Mis- 
souri, Arkansas, and Texas, saying that General McCulloch had mis- 
taken what he had said eight or ten days before, and repeating what 
he did say, thus: "I informed you that I had taken a neutral posi- 
tion, and would maintain it honestly; but that in case of a foreign 
invasion, old as I am, I would assist in repelling it. I have not 
signified any purpose as to an invasion of our soil, and an interfer- 
ence with our rights from the United States or Confederate States, 
because I have apprehended none, and cannot give my consent 
to any." 

From this correspondence between General McCulloch and Mr. 
Ross, it is perfectly apparent that there had been a conversation, 
early in June, between them, entirely different from the written cor- 
respondence, in which Mr. Ross had, by his own version, agreed to 
"assist in repelling foreign invasion," and, in the General's version, 
said that he would lead his own men to repel an invasion by the 
north. 

There was some reason for this difference. I can see no reason 
unless it was that a written 'pledge to repel the north might fall, by 
some accident, into the hands of the northern government and en- 
danger the Cherokee lands and annuities, and that an unwritten 
I)!edge would not. Mr. Ross seemed anxious that his public corres- 
pondence should show the United States that he refused all overtures 
from the Confederate States, and that his verbal pledges should fully 
convince the confederate government that he would be faithful to 
them and faithless to the United States. In this he succeeded. 

Some time previous to the 21st of August, ISGl, Mr. Ross gave 
notice, and called a general mass meeting of the Cherokee Nation, to 
meet at Tahlequah, to consider Cherokee difiiculties. At that meet- 
ing several speeches were made, all in favor of repudiating all treaties 
with the United States, and in favor of a treaty with the Confederate 
States. Among them was a speech from Chief Ross, afterwards pub- 
lished, but not iii my possession. In that speech Mr. Ross stated 
that the object of the meeting was to consider the propriety of join- 
ing the southern confederacy. Tie gave it as his opinion that it was 
best for theCherokees and all other Indians to do so at once; that 
he whs and always had been a southern man— a States' rights man- 
born in the south, a slaveholder; that the south was fighting for its 
rights against the oppression of the north; and that thc'true position 
of the Indians was with the southern people. 



THE CHEROKEE QUESTION. 7 

After his speech, the vote (as he says, of the 4,000 Cherokee males 
then present) was unanimously in favor of abandoning the United 
States and in favor of joining the confederates. That such was the 
action of the mass meeting at Tahlequah, such its objects and such 
its results, is clearly established by his letter to that true patriot 
Opothleyoholo, the Creek chief, September 19, 18G1. (See this letter, 
Appendix, No. 3.) In this letter Mr. Ross congratulates himself 
that the " Great Being who overrules all things for good has sus- 
tained him in his efforts to unite the hearts and sentiments of the 
Cherokee people as one man," and that "at amass meeting of about 
4,000 males at Tahlequah we have, with one voice, proclaimed in 
favor of forming an alliance with the Confederate States, and shall 
thereby preserve and maintain the brotherhood of the Indian nations 
in a common destiny." In this letter Mr. Eoss acknowledges — rather 
boasts of — his efforts and success in his work as an emissary among 
the Cherokees for the benefit of the southern confederacy. 

Again, on the 8th day of October, 1861, he wrote to the same 
Opothleyoholo, acknowledging that he made an address to the mass 
meeting at Tahlequah, and sent him a copy of it. (See copy of his 
letter, Appendix, No. 4.) In this letter Mr. Ross says he is grieved 
to hear so many bad reports, (reports of the defection of Opothle- 
yoholo and his band from the Creek council,) and reiterates his advice 
to all the red brethren to be united and friendly among themselves. 

In June, General Pike and General McCuUoch, in company, visited 
Mr. Ross at Park Dill, his place of residence. For what took place at 
that meeting, nothing being done at that time in writing, we have 
the letter of General Pike giving a full and detailed statement, appa- 
rently intelligent and candid, of the whole matter in relation to the 
treaty with the Cherokees and other tribes from first to last, a copy 
of which letter is annexed. (See Appendix, No. 5.) 

The letter of General Pike discloses the fact that Mr. Ross, even at 
that time, &o far as writing was concerned, clung to his neutrality, 
and refused to enter into any treaty with the southern confederacy; 
but he said that all his interests and feelings were with the south; 
that General McCulloch informed Mr. Ross that he would respect his 
neutrality, "and would not invade the Cherokee Nation unless com- 
pelled to do so; that General McCulloch kept his word, and that no 
confederate troops ever were stationed in or marched into the Chero- 
kee country until after the federal troops invaded it," which was 
eight months after the Cherokee treaty had been made with the Con- 
federate States. 

This letter effectually disposes of all the pretence of coercion from 
the rebel army, either of Mr. Ross or the Cherokee people. It also 
shows that what was done they did voluntarily, and that their pre- 
tences to the contrar}^, whether by Mr. Ross or the Cherokee 
people, were without the smallest particle of truth. This assurance of 
General McCulloch was given in June, 1861. The treaty was made 
October 7, 1861, and in June or July, 1862, Colonel Weir, of the 
Union army, "invaded the Cherokee Nation," after which the rebel 
army did invade the Cherokee country. 



:8 THE CHEROKEE QUESTION. 

The idea of the plea of coercion was invented when such a plea 
was wanted to cover up their treachery; but no such plea was ever 
hinted at until Colonel Weir had invaded the nation. Up to that 
time Mr. Ross remained unmolested by the confederates, well pleased 
with their situation, and with the "best treaty we have ever had." 

On the 7th page of General Pike's letter he says: "At the request 
of Mr. Ross I wrote the Cherokee declaration of independence." 
This declaration of independence and war, the vilest and most vitu- 
perative document in print, was adopted by the council and approved 
by Chief Ross, at the time the council advised and ratified the treaty 
with the Confederate States. (For that declaration see Appendix, 
No. G.) 

At the time the treaty was signed and ratified, and this declaration 
was adopted, General Pike says his party consisted of only five per- 
sons, all the white confederates in the nation, and eight or nine com- 
panies of Drew's regiment, the friends of Ross and the council, were 
all who were present at the treaty ground or at its ratification — 
rather a poor show for coercion. Throughout the whole proceedings 
all seemed to be done freely and cheerfully, like persons doing what 
they wished to do. 

On the same page 7 of General Pike's letter, lie says : " Even in 
May, he (Ross) said to General McCulloch and myself, that if northern 
troops invaded the Cherokee country, he would head the Cherokees 
and drive them back; 'I have borne arms,' he said, 'and though 
I am old, I can do it again.' " This extract fully proves the truth of 
the statement of J. B. Luce and General McCulloch, and disposes of 
the version given by Mr. Ross. Other parts of this letter I will men- 
tion hereal'ter. 

On the 19th day of December, 18G1, Mr. Ross made a speech to 
Drew's regiment, at Fort Gibson, in which he said that the treaty 
was made with the confederacy, to the entire satisfaction of all con- 
cerned in it. He used the following language : " It is the very best 
treaty we have ever made in many particulars, as it secures to us many 
advantages Ave have long sought. On the very day the treaty was 
signed, it was submitted to the national council, then in session, and 
was there read and deliberated on article by article, and unanimously 
adopted and confirmed by both houses, and it thus became a law." 
(See copy of the speech referred to, Ai)pendix, No. 7.) 

I refer to this speech to show that Mr. Ross was still urging the 
€herokees to adhere to their treaty with the confederac}'. The 
"strange occurrence" which he refers to was the defection of a part 
•of Drew's regiment from the confederate army, and their fighting on the 
Union side with Opothleyoholo, at Bird's creek, which act he so 
much deplores; but tells them they "must" return to duty in the 
confederate service, and that it is their interest to do so. 

January 1, 18G2, Mr. Ross wrote to General Pike, acknowledging 
the receipt of amendments made by the rebel senate to the Cherokee 
treaty, and informing General Pike that the special session of the 
Cherokee council was called on the Monday following, for their con- 
.-^ideration. (See letters. Appendix, No. 8.) 



THE CHEROKEE QUESTION. 9 

Febriuvry 25, 18G2, Mr. Ross wrote to General Pike that the 
amendments to the Cherokee treaty had been ratified, and informing- 
the General that Drew's regiment, according to orders received, had 
p'omptly marched toward Fayetteville; says he accompanied them 
twelve miles; assures the General that the regiment will do its duty 
whenever the conflict with the common enemy shall take place; sa}s 
he intended to accompany the troops to headquarters to render every 
aid in his power to repel the enemy; and says the mass of the Cher- 
okees are all right in sentiment for the support of their alliance with 
the southern confederacy." (See copy of letter, Appendix, No. 9.) 

He, Mr. Ross, did not at that time think that either he or the Chero- 
kee people were loyal to the United States. Drew's and Watie's regi- 
ments had gone to the battle then soon to transpire at Pea Ridge, 
and there was no other rebel force in the nation; if, as he now says, 
he was only watching for an opportunity to make his escape, and did 
escape from the nation on the first opportunity which offered, we are 
not shown, and I cannot see, anything to prevent him from leaving 
at the time he wrote the letter. 

March 22, 1862, Mr. Ross wrote to General Pike, (see copy of 
letter. No. 10,) requesting that Drew's regiment might be stationed 
near the place of his (Ross' s) residence. In this letter Mr. Ross asserts 
the exposure of the northern and eastern borders of the Cherokee 
nation after the battle of Pea Ridge, and asserts that the treasures 
and records of the natton are wholly unprotected, and that if even a 
few lawless men should combine for plunder or mischief, he would 
be in danger. 

If, as he asserts, he was forced by the rebel army to sign the treaty, 
if he was all the time loyal, if he was only waiting for an opportunity 
to escape from the rebels to the Union lines, I think this w^ould have 
been the right time to try it. When, as he asserts in this letter, 
there was so little rebel force in the nation that it could not keep out 
a few individuals seeking plunder or mischief, I hardly suppose it 
could k«ep in a man with many relations and friends, and an armed 
regiment of his own raising, who wished to go out of the nation. 

March 24, 1862, Ross to . (See Appendix, letter No. 11.) 

This letter of Mr. Ross is no otherwise important than as it shows the 
persevering zeal of the writer in the rebel cause. 

April 10, 1862, Mr. Ross writes to General Pike, (See copy of letter. 
Appendix, No. 12.) In this letter he thanks General Pike for station- 
ing Colonel Drew's regiment near Park Hill. He says great anxiety 
exists, in view of the unprotected condition of the Cherokee country 
since the battle of Pea Ridge and the withdrawal of General Price's 
army, and also lest marauding parties of United States soldiers will 
overrun the country. This letter again shows how easily Mr. Ross 
might have escaped to the Union lines if he had desired it, when no 
rebel force but his own friends of Drew's regiment was in the na- 
tion, the officers of which, it is claimed,' were true Union men ap- 
pointed by himself. 

I will now recur to the letter of General Pike, so often referred to 
above. On page 4 of that letter General Pike says: 



10 THE CHEROKEE QUESTION. 

"Meanwhile lie (Mr. Ross) had persuaded Opothleyoholo, the 
Creek leader, not to join the southern States, and had sent delegates 
to meet the northern and other Indians in council near the Antelope 
Hills, when they all agreed to be neutral. The object was to take 
advantage of the war between the States and form a great independ- 
ent Indian confederation'' — and that he saw the letter of Mr. Ross 
and published it in Texas. This letter I never saw and cannot pro- 
duce, but I fully believe the statement of General Pike. If this 
statement is true, and I believe it is, wdiat a commentary it is on the 
pretended loyalty of Mr. Ross ! To pretend and publish that he 
was loyal to the United States at that time, to draw it mildly, is piti- 
able effrontery. 

Again, General Pike says, same letter, page 10 of original: 

"In May, 1SG2, Lieutenant Colonel William P. Ross visited my 
camp at Fort McCuUoch, near Red river, and said to me that 'the 
chief would be gratified if he were to receive the appointment of 
brigadier general in the confederate service.' " This, it will be re- 
collected, was in May, 1862, when there was not, by Mr. Ross's own 
showing, a confederate soldier, except Drew's regiment, in the Che- 
rokee Nation. 

Again, in the same letter, page 11 of the original. General Pike 
saj's : 

" When Colonel Weir invaded the Cherokei^ country, Mr. Ross re- 
fused to have an interview with him, declaring that the Cherokees 
tvould remain faithful to their engagements with the Confederate 
States. There was not then a confederate soldier in the Cherokee 
Nation to overawe Mr. Ross or Major Pegg, or any other loyal Chero- 
kee. Mr. Ross sent me a copy of his letter to Colonel Weir, and I 
had it printed and sent over Texas, to show the people there that 
the Cherokee chief was loyal to the Confederate States." (See letter 
of T. J. Mackey, Appendix,* No. 13.) 

It must be borne in mind that Colonel Weir invaded the Cherokee 
country the latter part of June, 1862. This refusal was after that 
date. Mr. Ross at that time had not ascertained that he and the 
Cherokee Nation had been coerced in the preceding August. But a 
few days afterwards he saw it clearly. He first found it out when 
Drew's regiment abandoned the confederate service and enlisted in 
the Union army, as graphically described by General Pike in his let- 
ter on page 10: 

"It was not customary with the confederate war department to 
exhibit any great wisdom, and in respect to the Indian country its 
conduct was disgraceful. Unpaid, unclothed, uncared for, unthanked 
even, services unrecognized, it was natural the Cherokees should 
abandon the confederate flag." 

This last extract is the key to the loyalty of Mr. Ross and the 
Ciierokoe Nation. From the beginning of the war to the invasion by 
Colonel Weir of the nation, as far as I have been able to learn, not 
one loyal word had ever been written or spoken by any Cherokee, 
cr by Mr. Ross ; nor had one word of complaint ever been made by 



THE CHEROKEE QUESTION. 11 

either of any coercion, altbou.o'li there was nothiug to prevent such 
a complaint being- made to the United States government at any time, 
if such had been the fact. After the soldiers had been in the rebel 
service ten months, and remaining " unpaid, unclothed, uncared for, 
unthanked even, services unrecognized," they were easily con- 
vinced that they were loyal, and by a slight strain on a lively imagi- 
nation they could see that they had been loyal to the United States 
from the first, and that they had been coerced into the rebel service, 
although nobody else even knew that any rebel soldier ever invaded 
their country or threatened it; but, on the contrary. General McCul- 
loch had promised them (and kept his promise,) that they should not 
be invaded by the rebels unless to repel the United States arm}' from 
their country. 

As soon as Drew's regiment found they would not be paid, clothed, 
or thanked, and that they had been loyal from the beginning, and 
that they had somehow been forced into the rebel army, the regiment 
en m::isse enlisted in the United States army and abandoned the rebel 
army. When Mr. Ross found himself abandoned by Drew's regiment, 
he al^o found that he had been always loyal, and some excuse was ne- 
cessary from him. None presented itself more potent than coercion. 
Colonel Weir sent a regiment after him and brought Mr. Ross to his 
headquarters. Since then he has professed loyalty to the United 
States government from the beginning, and claims that he only made 
the treaty with the Confederate States because he was forced — that 
he was forced to remain in the nation by the rebel army. And that 
as soon as he was emancipated by Colonel Weir, he flew to the Union 
lines, where his heart always was ! With how much truth, or sem- 
blance of truth, he makes the claim, in these pages I have attempted 
to show, from his writings, speeches, conversations, documents, acts, 
conduct, and the letters of other persons who had the means to 
know, and did know, the matters about which they Avrote and spoke. 

I do not know how these things may affect others^ but to my mind 
they are conclusive that Mr. Ross, during the short time in which he 
kept up the pretence of neutrality in his letters, was, in his private 
conversations, giving assurances to the rebel leaders that he was a 
secessionist, and was in fact a secessionist. After the "Union defeat 
at Wilson's creek, when General Lyon lost his life, Mr. Ross thought 
the Union forever dissolved, and secession an accomplished fact. He 
then made haste to join the rebellion, and continued faithful until 
Drew's regiment abandoned him and Colonel Weir took him prisoner, 
or, as he says, escorted him out of the nation. This appears from 
his message to the national council, October 9, 1861, when the treat}' 
was ratified. (See that paper, Appendix, A.) Mr. Ross, in that special 
message to the general council of the Cherokee Nation, uses this lan- 
guage: ''Neutrality was proper and Avise so long as there remained 
a reasonable probability that the difficulty between the two sections 
of the Union would be settled," &c.; "but when there was no longer 
reason to believe that the union of the States would be continued, 
there was no cause to hesitate as to the course the Cherokee Nation 
should pursue," '"Our geographical position and domestic institu- 



12 THE CHEROKEE QUESTION. 

tioiis allied lis to the i^outli." This message gives no proof of having 
been written by a man under coercion, but the spirit with which it is 
written shows that the heart and soul of the writer entered into the 
subject. 

That he Avas ever loyal to the United States I do not believe. His 
neutral position, which in his letters he maintained for about two 
months, was only just not disloyal, if taken and maintained in good 
faith. But even of that excuse his often-repeated verbal declarations, 
only one month after the Avar commenced, and Avhile in his letters he 
Avas pretending neutrality, entirely deprive him. They show that he 
Avas assuringthe leading rebelsthat heAvas not neutral, but actually act- 
ing as an actiA'e emissary of the confederacy. Now it is perfectly appar- 
ent that he Avas acting with duplicity, and intended todeceiv'e one or the 
other party, or both. In this he succeeded. This was before the 
battle of Pea Ridge. After that battle, both Mr. Ross and the Cher- 
okee people thought and said and acted as interest, not loyalty to the 
United States, dictated. For ten months they had kepttAvo regiments 
in the lieldin the confederate service; so far they kept faith Avith the 
Confederate States. When Drew's regiment found they Avere not 
paid, clothed, or cared for, they abandoned the confederate and 
joined the Union army, because it Avas their interest to do so, not be- 
cause of their loyalty. They had fought for the rebels at Pea Ridge. 
If they had been paid, clothed, and cared for, it is ahiiost certain Ave 
never should have heard their clamor of loyalty or coercion. 

Mr. Ross says himself that he raised Drew's regiment for the rebel 
army before the treaty, and while a Cherokee treaty Avas in full force 
Avith the United States. From that time to the invasion of the Cher- 
okee Nation by the forces under Colonel Weir, every letter, every 
Avord, every act of his, so far as Ave know or have ever heard, or that 
he has been able to produce, shoAA^s that he Avas actively and zealous- 
ly at Avork promoting the success of the rebellion. His activity and 
zeal seem to have met the approA^al of the confederate authorities. 
He seems to have deserved it from them. The Cherokees. tAvo regi- 
ments strong, had Ibught in the battlq of Pea Ridge. He says lie 
Avould have been at headquarters, rendering all the assistance in his 
power against the common enemy, but for some bad conduct of 
Watie's men. When he made that lucky escape from the thraldom 
of the rebel army, aiid got 4o the Union lines, all his zeal and activ- 
ity seemed to have forsaken him. He left the nation, and did not 
return to it for three years, and, so far as I know, manifested no zeal 
or activity either in t4ie Union cause he loved so Avell, or for the 
Cherokees, Avho so much needed his counsel, advice, and assistance. 
There has not been one fact brought to my notice, or of Avhich I have 
heard, which, to my mind, has the slightest tendencv to prove coer- 
cion by the rebel army, any threat, or anything to cause even the most 
timid to think there Avas any fear of it. 'if there Avas.Avhy did he not 
inform the government of the United States of it? When he thought 
there Avas danger of invasion by the Union army he promptly in- 
formed the rebel government of it. 

The commission at Fort Smith, in September last, seeing what they 



THE CHEROKEE QUESTION. 13 

cKd of liis bad influence upon the Chevokees, and liearing and believ- 
ing what wo heard, that he was opposed to the treaty being signed; 
and hearing that he w^as tampering with the Creeks, and believing 
it, and being satisfied that he had been from the first a secessionist, 
and believing he still was; being satisfied that he had acted with du- 
plicity, in bad faith, and treacherously towards the government of 
the United States,andbelievingthat he would continue so to act; being 
satisfied that he was opposed to entering into any treaty Avith the 
United States, and believing that he would continue opposed, although 
so desirable both to the Cherokee people and the government of the 
United states for their mutual peace and quiet, and so necessary for 
the best interest of the Cherokee people — the commission, I repeat, 
unanimously decided not to recognize John Ross as principal chief 
of the Cherokee Nation. In that decision I concurred. I Avas then, 
and I am still, satisfied that that decision was necessary, right, and 
proper, and should be adhered to by the government. 

For more than thirty years there have been two parties in the 
Cherokee Nation, known to the country as the Ross and Ridge par- 
ties. As the parties still, to some extent, remain the same, I may, 
in this report, continue so to distinguish them, though Ridge was as- 
sassinated by the Ross party in 1839. The formation of these parties 
was caused, as is believed, by discussions which led to and finally cul- 
minated in the treaty of 1835 between the United States and the 
Cherokee Nation. The Ridge party prevailed and made that treaty. 
The Ross party opposed it. After the removal of the Cherokees, 
under that treaty, to their present homes on the Arkansas, 4he dis- 
satisfaction increased in bitterness, and became a deadly feud. This 
feud, with greater or less bitterness, still continued, sometimes irri- 
tated and sometimes partially modified by other questions, real or 
imaginary causes, but never forgiven. Early in the late war, after 
the treaty made with the rebels, the Ridge party raised a regiment, 
commanded by General WatiO; and joined the rebel army, went south, 
where they and their families generally remain, and continued in 
that service to the end of the war. A little earlier in 18(31 Colonel 
Drew, under direction of Mr. Ross, raised a regiment in the Ross 
party, who also joined the rebel army, and continued in that service 
about ten months, when they deserted the rebel army and im- 
mediately joined the Union army, and continued to the end of 
the war. About the same time, from the Ross party was raised 
another regiment, (making two regiments of the Ross party in the 
Union army,) which also remained in the United States service to the 
end of the war. In June or July, when these two regiments were 
raised for the Union army, Watie's regiment, with the rebel army, 
was on the southwest bank of ithe Arkansas river, where they gen- 
erally remained for about two years. In July and August, 1862, the 
Union army, under Colonel Doubleday, and afterwards Colonel Weir, 
drove the Ridge party, under Stand Watie, from the Cherokee Na- 
tion in confusion, capturing all their train and provisions. They 
abandoned their homes and property to the Ross party, who re- 
mai lied in possession of the nation. For two years marauding par- 



14 THE CHEROKEE QUESTION. 

ties of the rebel army, composed lar<;-ely of Cherokees of the Ridge 
party, crossed the Arkansas river into the Cherokee country and 
phindered the Ross party until the latter were in as destitute a con- 
dition as the former. The depredations were reciprocal, and the 
black flag seemed to be the banner under which both parties fought. 
Under these circumstances, the old feud (which never died, but only 
slept or pretended to sleep short naps, was, of course, revived, and 
was, I suppose, from the evidence before me. intensified. 
' Separate delegations from each party are now in this city, called 
here for the purpose of making a treaty with the United States. 
They seem wholly unable to agree on any one material proposition. 

The Ridge party requires the Cherokee Nation for the present to 
be divided into two bands, each to make its own laws and execute 
them, but to remain component parts of the Cherokee Nation, and 
when (if ever) a reconciliation takes place, to reunite by their own 
agreement, or be united by the government. That for the present 
the territory should be divided, so that the two parties shall each en- 
joy its own without molestation from the other. They consent to 
sell or set apart to the United States, for the purpose of settling on 
it the friendly Indians of Kansas, all the Cherokee lands lying west 
of 95° 30' west longitude, and to sell to the United States the 
neutral land lying in Kansas for a sum not less than $500,000, with 
a liberal grant to'the several proposed railroads running through the 
Cherokee country. This is the substance of their propositions. 

The Ross party wholly refuse an}' division for any purpose, and 
require»all who wish to form a part of the Cherokee Nation to come 
back in a limited time. They agree, like the Ridge party, to sell 
the neutral land in Kansas, but refuse to sell or set apart any of 
their lands lying east of the line of 97^ west longitude, but they do 
agree that any of the friendly Indians who will become a part of the 
Cherokee Nation may settle on and occupy a part of their territory. 
They will make no grant to railroads, except the right of way over 
two hundred feet in width to each road, and require the north and 
south road to pass through Fort Gibson. They offer many_ other 
objectionable propositions, not ultimata] but the above are such. 

Under the instructions given to the commissioners at Fort Smith 
for our guidance there, which are still in force for my guidance here, 
I was compelled to refuse these propositions of the Ross party as 
wdiolly inadmissible. They would confirm to the Cherokee people 
about 6,500,000 acres of land, making about 382 acres each to every 
man, woman, and child in the Cherokee Nation — an amount ten times 
larger than is convenient under their present circumstances, and 
twenty times greater than will be advantageous or convenient when 
(if ever) they become perfectly civilized. To suffer this amount to 
]ie useless in the hands of the Indians, who cannot use it, and really 
do not require it, and Avithhold it from civilization, which does require 
it, and can and will use it, is to my mind neither wise statesmanship 
nor good policy. 

After several propositions had been made on both sides, and many 
meetings and conversations had with the Ross party, under my in- 



THE CHEROKEE QUESTION. 15 

^tractions 1 presented them with tlie substance of what the treaty 
nust contain, set forth in the following paper. (See paper, Appen- 
dix, B.) 

The reservation therein referred to, east of 95^ 30' west longitude, 
ivill amount to about one hundred and seventy-seven (177) acres to 
3ach Cherokee and freed person, men, women, and children included, 
rhis proposition they peremptorily refused. The account of what 
:ook place at this meeting was taken down at the time by a steno- 
^■rapher present for that purpose, and is believed to be correct. (See 
paper in Appendix, marked C.) 

I think the offer of 320 acres to the Ross party much larger than 
:heir necessities demand. It is proposed to give them that portion 
3f the country where they are now residing, so that, they will not be 
disturbed in their homes or property by the contemplated division. 

It will be seen from the foregoing that the feeling existing between 
the Ross and Ridge parties is extremely bitter, and all attempts at 
reconciliation have heretofore proved unavailing. It was to meet this 
state of things that in the original instructions by the President to 
:he commission about to start for Fort Smith last fall the following 
3aragraph was inserted: 

" Strife and dissension ma3% in some instances, have prevailed to 
Rich extent in a particular nation or tribe as to result in the forma- 
:.ion of contending parties. If it is impracticable to reconcile them 
:o each other and re-establish their former harmonious relations as 
nenibers of the same organization, you may recognize them as dis- 
:inct communities. In that event you will authorize a division, on 
equitable terms, of its funds and annuities, and the settlement of each 
party on separate portions of their reservation, to be clearly marked 
by metes and bounds. Such parties will thereafter be treated as in- 
lependent tribes. You will, however, assure them of the anxious 
lesire of the President that all past differences should be buried in 
jblivion, and that they should live together as brothers. Your con- 
sent to the arrangement above suggested will not be given until all 
sftbrts to restore harmony and union shall have proved utterly una- 
vailing." 

During the conferences at Fort Smith, at my suggestion a com- 
mittee of five from each party met for the purpose of compromising 
md settling their differences, but was unable to accomplish any good 
result, the Ross party neither at Fort Smith or here having shown 
any disposition to adjust their differences with the Ridge party upon 
^ basis of justice and equity. 

After having made earnest and repeated efforts to harmonize these 
difficulties, and finding all such efforts fruitless, it has been apparent 
that the only course left for the commissioners under the above-cited 
instructions was to provide for a just and equitable division of the 
lands and funds of the Cherokee people, and to treat the two parties 
as "distinct communities.'" Those instructions must govern the action 
of this office, unless modified or withdrawn. They have not been 
modified or Avithdrawn. 

Since the Cherokees have been in this city the Ross party have 



IG THE CHEROKEE QUESTION. 

issiu'd three p.vrnplilets, copies of which accompany this report, 
marked J), E, and F. 

The (irst one issued (D) is but a general history of the Cherokee 
difhculties, dangers and trials, and an attempt to prove that the 
Chcrokees were loyal to the United States, and coerced into the rebel- 
lion. Upon this question I have given my views in these pages. 

The second pamphlet (E) is mostly a defence of John Ross, strongly 
insisting on his loyalty, zeal, and ability in the Union cause. On his 
loyalty I have said all I wish to say, except this: that at Fort Smith, 
wiien the paper refusing any longer to recognize him as the princi- 
pal chief of the Cherokee Nation was under consideration, he asked 
the privilege of replying instanier, which was readily granted. He 
then spoke nearly an hour, and showed his loyalty by proving his 
neutrality to the last of June; said he had always been loyal and then 
w^as, and then stopped. Leave was granted his nephew, William P. 
Ross, to take time to prepare himself and reply for him. W. P. Ross, 
at the time appointed, appeared, and made a very creditable speech 
in favor of his uncle, John Ross; read a great number of letters as- 
serting his neutrality, and proving it up to the last of June, 18G1, 
about two months after the rebellion commenced; and then he stop- 
ped. Pamphlet E, under consideration, prepared under Mr. Ross's 
eye in this city, asserts his loyalty, as his own speech and the 
speech of W. P. Ross had done before, and refers to the same letters 
and papers referred to before b}' himself and W. P. Ross. I there- 
fore am forced to the conclusion that all that can be said for his 
loyalty has been said; and all the evidence of loyalty is, that for two 
months he asserted his neutrality, and that in the first half of that 
time he had given General Pike and McCulloch full assurance that 
he would, in a short time, betray the United States and join the re- 
bellion, and did do it. 

The pamphlet marked F is but a document arguing the reasona- 
bleness of their offer, and the unreasonableness of my demand in the 
paper marked B in the Appendix. I have already said what I 
had to say about the negotiation, unconscious that I have departed in 
any way from my instructions. 

The Ridge party has published two pamphlets in answer to those 
published by the Ross party. Whatever else may be said of all these 
pamphlets, I do not think any one can say that there is any want of 
cayenne to season them. They all show a keen hostility, the one 
party against the other, and that neither has yet forgotten its ancient 
grudge, or forgiven it. (See pamphlets marked G and H.) 

In the paper heretofore referred to, marked B, I have insisted on 
a separation, into two bands, of the Cherokees. I have for another 
purpose, in this report, mentioned the ancient feud of the Cherokees. 
That feud still exists, as is shown by the pamphlets above set forth; 
and that it has always existed since it first arose there can be no 
doubt. At dift'erent periods of Cherokee history it has shown itself. 
Nearly every distinguished man of the Ridge party has been killed, 
and Ridge himself, twenty-eight years ago, fell by the assassin's 
knife, while many of lesser note on both side, growing out of this 



THE CHEROKEE QUESTION. 17 

Ross and Ridg'e feud, have died by violence. The Ridge party joined 
the rebellion, and with tlieir families went south, Avhere they mostly 
now are. The Ross party say they will forgive them, reinstate them 
in their homes, and aflbrd them protection to life, liberty, and prop- 
erty, but they must come back and submit to their jurisdiction. The 
Ridge party say their offence is against the United States, and not 
against the Cherokee Nation, which has no right to talk of forgive- 
ness; they can have no confidence in these promises of the Ross party, 
or any other they may make; they say the}^ have trusted them before, 
and been deceived. That they are afraid of assassination and depre- 
dations on their liberty and property, but more afraid of judicial 
murders, robberies, and deprivations of liberty, than from open as- 
sault; and say they never can and never will try to live with the Ross 
party until there is a decided change, of which they say they can as 
yet see no signs. 

Which party is right, or nearest right, or which is wrong or most 
wrong, I have no means of determining. That there is great ill- 
feeling is agreed by both parties; but they do not agree as to the 
extent of the hatred. Being myself in doubt, I applied to those who 
had been longest in the neighborhood, or had lived among them, and 
such as would be most likely to have a correct opinion as to the 
probability of the two parties harmonizing and living together in 
peace and security. I have directed letters to the following named 
gentlemen, and received their several answers, which will be found 
in the Appendix hereto: 

Answer from Judge Harlan, Cherokee agent, marked I; answer 
from Judge Tebbetts, marked J; an answer from Charles H. 
Johnson, marked K; answer from R. T. Van Horn, member of Con- 
gress from Missouri, marked L; answer from General Blunt, marked 
M; answer from General D. H. Cooper, marked N; answer from J. 
B. Luce, marked 0. 

These are all the answers that I have received to my letter of in- 
quiry; but these are enough. Every one of these gentlemen 4s well 
acquainted with the feuds in the Cherokee Nation; some of them 
from the time the3M'emoved from Georgia to the Arkimsas river. All 
speak of those feuds as of the most deadly kind, and each and all express 
the opinion that the two parties never can live together in peace, 
and that they had better be separated for the quiet of the country. 
I have not yet found one person who dissented from this opinion, ex- 
cept the members of tiie Ross delegation; and against that opinion 
that they can live together, I would offset the opinion of the Ridge 
delegation, equally or even more positive, that they cannot. I 
entertain no doubt but that it is the duty of the United States to 
insist upon their separation for the peace of the country, and for the 
welfare of the Indians themselves. ^ 

From the various considerations adduced, and documents referred 
to in this report, the following conclusions are obtained, viz: 

That after protracted and diligent efiorts, continuing about five 
months, to make some satisfactory arrangements with the delegates 

2 



18 THE CHEROKEE QUESTION. 

representing the Cherokee national authorities, by which the gov- 
ernment of the United States could expect to fulfil its guarantee to 
protect the nation from domestic strife, such elforts failed. 

That thepe is no reasonable probability of the two parties being 
able to harmonize their diOiculties and live together in peace. 

That under the original instructions furnished by the Executive 
to the commissioners, there remained but one course to pursue, to 
Avit, to make the best possible arrangements for the division of the 
people and partition of the national property and funds. 

Tliat, by manifold proofs, the Ross party, which refuses to take 
]iart in these necessary arrangements, has been so far identified with 
the late rebellion that they cannot, in common justice and fairness, 
appeal to loyal hearts in the government of the United States to take 
tlieir part, to the exclusion of the I'ights of other parties of the same 
nation, who. like the Ross party, entered into close relations with 
the leaders of that rebellion. 

Acting under special instructions from the Secretary of the Inte- 
rior, who lias been fauiiliar with the whole course of the negotiation, 
"to settle and pay the necessary expenses incurred by the delegates 
representing the northern Oherokees in coming to this city and dur- 
ing their sojourn, and to advance enough to defray their expenses home, 
and to carry into ell'ect the oral and written instructions of the 
President in relation to the southern Oherokees," I have, with Com- 
missioners Sells and Parker, concluded and signed, on the l?>th instant, 
articles of agreement with the deleirates of tlie southern Cherokees, 
providing for their separate existence and the division of the national 
property. This document is laid before you for your constitutional 
action. If it shall meet with your approval, and be ratified, and go 
into full effect, we inivy reiisonably hope for a cessation of the long- 
continued troubles of the Cherokee people. 

Very respectfully, your obedient servant, 

D. N. COOLEY, Commissioner. 



APPENDIX. 



No. 1. 

General McCidloch to John Boss. 

Headquarters McCulloch's Brigade, 

Fort Smith, ArL, June 12, 1861. 
Sir: Having been sent by ray government (the Confederate States 
of America) to take command of the district embracing the Indian 
territory, and to guard it from invasion by the people of the north, 
I take the first opportunity of assuring you of the friendship of my 
government, and the desire that the Cherokees and other tribes in 
the territory unite their fortunes with the confederacy. I hope that 
you, as chief of the Cherokees, will meet me with the same feelings 
of friendship that actuate me in coming among you, and that I may 
have your hearty co-operation in our common cause against a people 
who are endeavoring to deprive us of onr rights. It is not my desire 
to give offence or interfere with any of your rights or wishes, and 
shall not do so unless circumstances compel me. The neutral posi< 
tion you wish to maintain will not be violated without good cause. In 
the mean time those of your people who are in favor of joining the 
confederacy must be allowed to organize into military companies as 
home guards for the purpose of defending themselves in case of in- 
vasion from the north. This, of course, Avill be in accordance with 
the views you expressed to me, that, in case of an invasion from the 
north, 3^ou would lead your men yourself to repel it. 
I Should a body of men march into your territory' from the north, or 
5f I have an intimation that a body is in line of march for the terri- 
tory from that quarter, I must assure 3'ou that I will at once advance 
into your country if I deem it advisable. 

I have the honor to be, sir, vour obedient servant, 

BEN. Mcculloch, 

Brigadier General, Commanding. 
His Excellency John Ross, 

Chief of the Cherokee Nation. 



No. 2. 
John Bosses rephj to the above. 

Executive Department, 
Park Bill, C. N., June 17, 18G1. 
Sir: I have the honor to acknowledge by the first return mail the 
■eceipt of your communication, dated at Fort Smith, Ark., the 12tli 



20 THE CHEROKEE QUESTION. 

instant, informing; me tliat you have been sent by the government of 
the Confederate States of America to take command of the district 
embracing- the Indian territory, and to guard it from invasion by the 
people of the north. For the expression of your friendship, be pleased 
to accept my heartfelt thanks, and the assurance that I cherish none 
other than a similar sentiment for yourself and people; am also grat- 
ified to be informed that you will not interfere with any of our rights 
and wishes, unless circumstances compel you to do so, nor violate or 
molest our neutrality without good cause. In regard to the pending 
conflict between the United States and the Confederate States, I have 
already signified my purpose to take no part in it whatever, and 
have admonished the Cherokee people to pursue the same course. 
The determination to adopt that course was the result of considera- 
tions of law and policy; and seeing no reasons to doubt its propriety, 
I shall adhere to it in good faith, and hope that the Cherokee people 
will not fail to follow my example. I have not been able to see any 
reason why the Cherokee Nation should take any other course, for it 
seems to me to be dictated by their treaties, and sanctioned b}' wis- 
dom and humanity; it ought not to give ground for complaint to 
either side, and should cause our rights to be respected by both. 
Our countr}' and institutions are our own. However small the one or 
humble the other, they are as sacred and valuable to us as are those 
of your own populous and wealthy State to yourself and your people. 
We have done nothing to bring about the conflict in which you are 
engaged with your own people, and I am unwilling that my people 
shall become its victims. I am determined to do no act that shall 
furnish any pretext to either of the contending parties to overrun our 
country and destroy our rights. If we are destined to be over- 
whelmed, it shall not be through any agency of mine. The United 
States are pledged not to disturb us in our rights, nor can we for a 
moment suppose that your government will do it, as the avowed 
principles upon which it is struggling for an acknowledged existence 
are the rights of the States and freedom from outside interference. 
The Cherokee people and government have given every assurance in 
their power of their sympathy and friendship for the people of Ar- 
kansas and of other Confederate States, unless it be in voluntarily as- 
suming an attitude of hostility towards the government of the United 
States, with whom their treaties exist, and from whom they are not 
experiencing any new burdens or exactions. That I cannot advise 
them to do, and hope that their good faith in adhering to the require- 
ments of their treaties, and of their friendship for all the whites, will 
be manifested by strict observance of the neutrality enjoined. Your 
demand, that those people of the nation who are in favor of joining 
the confederacy be allowed to organize into military companies as 
home guards for the purpose of defending themselves in case of in- 
vasion from the north, is most respectfully declined. I cannot give 
my consent to any such organization, for very ol)vious reasons: 1st. 
it would be a palpable violation of my position as a neutral; 2d, it 
will place in our midst organized companies not authorized bv our 
laws, but in violation of treaty, and who would scon become effi- 
cient instruments in stirring up domestic strife, and creating internal 



THE CHEROKEE QUESTION. 21 

difficulties among the Cherokee people. As in this connexion you 
have misftpprehended a remark made in conversation at our interview 
some eight or ten days ago, I hope you will allow me to repeat what I 
did say : I informed you that I had taken a neutral position, and would 
maintain it honestly; but that in case of a foreign invasion, old as I 
am, I would assist in repelling it. I have not signified any purpose 
as to an invasion of our soil and an interference with our rights from 
the Lnited or Confederate States, because I have apprehended none 
and cannot give my consent to any. ' 

I have the honor to be, sir, vour obedient servant 

JOHN ROSS, 

-r, . ^ ^ Principal Oliief Clierol-ee Nation. 

Bng. Gen. Bex. McCulloch, 

ComWj Troops of Confederate States, Fort Smith, Arh 

No. 3. 
John Ross' s letter to Opothleyohoh, Creek chief September, 18G1. 
Park Hill, Cherokee Nation, September 19, ISGl. 
Friends AND Brothers: I have received a few lines from you 
written on the back of a hasty note which I had written to the chiefs 
and headmen of 3'our nation, and from which the followino- is an 
extract : '^ 

"Brothers: lam gratified to inform you that the Great Being who 
overrules all things for good has sustained me in my efforts to unite 
the hearts and sentiments of the Cherokee people as one man; and 
at a mass meeting of about four thousand males, atTahlequah. with 
one voice we have proclaimed in fovor of forming an alliance with the 
Confederate States, and shall thereby preserve and maintain the 
brotherhood of the Indian nations in a common destiny." 

Brothers, if it is your wish to know whether I had written the 
above note or not, I will tell you that I did; and in order that 
you may bo fully informed of the wdiole proceedings of the Cherokee 
people at the mass meeting stated, and of the reasons which influ- 
enced the people to adopt them, I send you herewith several printed 
copies of my address to the people in convention, and of the resolu- 
tions adopted by them on that occasion. I wish you to have them 
carefully read and correctly interpreted, in order 'that you may fully 
understand them. 

Brothers, my advice and desire, under the present extraordinary 
crisis, is for all the red brethren to be united among themselves in 
the support of our common rights and interests bv forming an 
alliance of peace and friendship with the Confederate States of 
America. 

Your friend and brother, 

JOHN ROSS, 
Principal Cldef of the Cherohee Nation. 

To Opotiileyoholo and others of the 

Chiefs and, Hondmrn nf flto C'.-^aT' X^r.f,'^^^ 



22 THE CHEROKEE QUESTION. 

No. 4. 
Joint Ross to OpothleTjolwlo, Odoher 8, 18GI. 

Tahlequah, Cherokee Nation, Odoher 8, 1861. 

Friends AND Brothers: Some short time since I received a fe\v . 
lines from yon, written on the back of a note of mine to the chiefs and 
headmen of the Creek nation, informing them that the Cherokee 
people had resolved in favor of forming an alliance of peace and 
friendship with the southern confederacy, and you wished to know 
if 1 had written that note. I replied that I had; at the same time 1 
sent you a printed copy of my address to a mass meeting of about 
4 OOO'of the Cherokee people; also of their resolutions on that occa- 
sion authorizing a treaty of alliance with the Confederate States. I 
furthermore informed you that my advice to all the red brethren 
was to be united and friendly among themselves. I have not heard 
from you since. ' . 

Brothers. I am grieved to hear of so many bad reports whicli inave 
been circulated throughout the land; many of them are no doubt 
false and without foundation, and which, if not corrected and silenced, 
might lead to trouble and bloodshed. They should, by all means, be 
checked, if possible. 

Motey Kennard, as chief of your nation, has appealed to me lor tlie 
mediation of vour Cherokee brethren, for the purpose of reconciling 
difficulties alleged to exist among your people in consequence of the 
late treaty entered into with General Pike. 

I have promptly consented to do all in my power to restore 
peace among my brethren; and in order to enable me to act effi- 
ciently as a true and faithful brother, I have obtained from General 
Pike letters of safeguard for the protection of yourself and friends 
in coming to this place and returning home in safety, under the pen- 
alty of death for violating them. I have, therefore, appointed my 
friend and associate chief, Hon. Jos. Vann, to head a delegation on 
a mission of peace, and to make you a friendly visit; to hold a free 
and brotherly talk with you, face to face, that you may fully under- 
stand the true position of your Cherokee brethren, and especially to 
invite you and your personal friends to come and visit your Cherokee 
brethren now assembled in national council at this place, where we 
may all smoke the pipe of peace and friendship around our great 
council fire kindled at Tahlequah eighteen years ago, and that all mis- 
understanding among the family of our red brethren may forever 
be buried in oblivion. 

Your friend and brother, Hon. Jos. Vann, who is bearer of impor- 
tant papers to you, will explain more fully the objects of his mis- 
sion . 

I sincerely hope that you will not fail to come with him, to shake 
the hands of brotherly friendship with your Cherokee brethren. 
Your friend and brother, 

JOHN ROSS, 
Principal Chief Cherolcee Nation. 
To OroTHLEYOHOLO and others. 



THE CHEROKEE QUESTION. 23 

No. 5. 

Albert Pil-e to the Conunissioner of Indian Affairs. 

Memphis, Tennessee, Fehruary 17, 186G. 

Sir: I have received, to-claj, a copy of the " memoriar"' of the 
*' Southern Cherokees,'' to the President, Senate and House of Rep- 
resentatives, in replv to the memorial of other Cherokees. chiiming 
to be "loyal." 

It is not for me to take any part in the controversy between the 
two portions of the Cherokee people, nor have I any interest that 
could lead me to side with one in preference to the other; nor am I 
much inclined, having none of the rights of a citizen, to offer to tes- 
tify in any matter, when my testimony may not be deemed worthy 
of credit, as that of one not yet restored to respectability and credi- 
bility by a pardon. 

But, as I know it to be contemptible as well as false for Mr. John 
Ross and the "loyal " memorialists to pretend that they did not vo- 
luntarily engage themselves by treaty stipulations to the Confederate 
States, and as you have desired my testimon}', I have this to say, and 
I think no man will be bold enough to deny any part of it. 

In May, 1861, I was requested by Mr. Toombs, secretary of state 
of the Confederate States, to visit the Indian country as commissioner, 
and assure the Indians of the friendship of those States. The con- 
vention of the State of Arkansas, anxious to avoid hostilities with 
the Cherokees, also applied to me to act as such commissioner. I 
accordingly proceeded to Fort Smith, where some five or six Chero- 
kees called upon General McCulloch and myself, representing those 
of the Cherokees who sympathized with the south, in order to as- 
certain whether the Confederate States would protect them against 
Mr. Ross and the Pin Indians, if they should organize and take up 
arms for the south. We learned that some attempts to raise a seces- 
sion flag in the Cherokee country on the Arkansas had been frus- 
trated by the menace of violence; and those who came to meet us 
represented the Pin organization to be a secret society, established 
by Evan Jones, a missionary, and at the service of Mr. John Ross, 
for the purpose of abolitionizing the Cherokees and putting out of 
the way all who sympathized with the southern States. 

The truth was, as I afterwards learned with certainty, the secret 
organization in question, whose members for a time used as a mark 
of their membership a pin in the front of the hunting-shirt, was 
really established for the purpose of depriving the half-breeds of all 
political power, though Mr. Ross, himself a Scotchman, and a Mc- 
Donald both by the father and the mother, was shrew^d enough to 
use it for his own ends. At any rate, it was organized and in full 
operation long before secession was thought of. 

General McCulloch and myself assured those who met us at Fort 
Smith that they should be protected, and agreed to meet at an early 
day, then fixed, at Park Hill, where Mr. Ross resided. Upon that I 
sent a messenger west with letters to five or six prominent members 



24 THE CHEROKEE QUESTION. 

of the anti-Ross party, inviting tliem to meet me at tlie Creek agency 
two days after the day on wbich General McCnlloch and I were to 
meet at Park Ilill. 

I did not expect to eft'ect any arrangement with Mr. Ross, and my 
intention was to treat Avith the heads of the southern party — Stand 
Watie and others. 

When we met Mr. Ross at Park Hill he refused to enter into any 
arrangement with the Confederate States. He said that his intention 
was to maintain the neutrality of his people; that they were a small 
and weak people, and would be ruined and destroyed if they engaged 
in the war; and that it would bo a cruel thing if we were to engage 
them in our quarrel. But he said all his interests and all his feel- 
ings were with us, and he knew that his people must share the fate 
and fortunes of Arkansas. We told him that the Cherokees could not 
be neutral. We used every argument in our power to change his de- 
termination, but in vain, and, finally. General McCulloch informed 
him that he w^ould respect the neutrality of the Cherokees, and would 
not enter their country with troops, or place troops in it, unless it 
should become necessary in order to expel a federal force, or to 
protect the southern Cherokees. 

So we separated. General McCulloch kept his word, and no con- 
federate troops ever were stationed in, or marched into, the Cherokee 
country, until after the federal troops invaded it. 

Before leaving the nation I addressed Mr. Ross a letter, which I 
afterwards printed and circulated among the Cherokee people. In 
it I informed him that the Confederate States would remain content 
with his pledge of neutrality, although he would find it impossible to 
maintain that neutrality; that I should not again offer to treat with 
the Cherokees; and that the Confederate States would not consider 
themselves bound by my proposition to pay the Cherokees for the 
neutral land if they should lose it in consequence of the war. I had 
no further communication with Mr. Ross until September. Mean- 
while he had persuaded Opothleyoholo, the Creek leader, not to 
join the southern States, and had sent delegates to meet the north- 
ern and other Indians in council near the Antelope Hills, where they 
all agreed to be neutral. The purpose was to take advantage of the 
war between the States, and form a great independent Indian con- 
federation. I defeated all that by treating with the Creeks at the 
very time that their delegates were at the Antelope Hills in council. 

When I had treated with them and with the Choctaws and Chicka- 
saws, at the North Fork of the Canadian, I went to the Seminole 
agency and treated with the Seminoles. Thence I went to the Wi- 
chita agency, having previously invited the Reserve Indians to re- 
turn there, and invited the prairie Comanches to meet me. After 
treating with these, I returned by Fort Arbuckle, and before reach- 
ing there met a nephew of Mr. Ross and a Captain Fields, on 
the prairie, bearing a letter tome from Mr. Ross and his council, with 
a copy of the resolutions of the council, and an invitation, in pressing 
terms, to repair to the Cherokee country and enter into a treaty. 

I consented, fixed a day for meeting the Cherokees, and wrote Mr^ 



THE CHEROKEE QUESTION. 25 

Ross to that effect, requesting him also to send messengers to the 
Osages, Quapaws, Shawnees, Senecas, <fec., and invite them to meet 
me at the same time. He did so, and at the time fixed I went to 
Park Hill, and there effected treaties. 

When I first entered the Indian country, in May, I had as an escort 
one company of mounted men. I went in advance of them to Park 
Hill. General McCulloch went there without an escort. At the Creek 
agency I sent the company back; I then remained without escort or 
guard until I had made the Seminole treaty; camping with my little 
party and displaying the confederate flag. When I went to the 
Wichita country I took an escort of Creeks and Seminoles; these I 
discharged at Fort Arbuckle, on my return, and went, accompanied 
by four young men, through the Creek country to Fort Gibson, re- 
fusing an escort of Creeks offered me on the way. 

From Fort Gibson eight or nine companies of Colonel Drew's regi- 
ment of Cherokees, chiefly full-bloods and Pins, escorted me to Park 
Hill. This regiment was raised by order of the national council, 
and its officers appointed by John Ross; his nephew, William P. Ross, 
secretary of the nation, being lieutenant colonel, and Thomas Pegg. 
president of the national committee, being its major. 

I encamped with my little party near the residence of the chief, 
unprotected even by a guard, and with the confederate flag flying. 
The terms of the treaty were fully discussed, and the Cherokee 
authorities dealt with me on equal terms. Mr. John Ross had met 
me as I was on my way to Park Hill escorted by the national regi- 
ment, and had welcomed me to the Cherokee Nation in an earnest 
and enthusiastic speech, and seemed to me throughout to be acting- 
in perfect good faith. I acted in the same way with him. 

After the treaties were signed I presented Colonel Drew's regi- 
ment a flag, and the chief in a speech exhorted them to be true to 
it, and afterwards, at his request, I wrote the Cherokee declaration 
of independence, which is printed with the memorial of the southern 
Cherokees. I no more doubted then that Mr. Ross's whole heart was 
with the south than that mine was. Even in May he said to General 
McCulloch and myself that if northern troops invaded the Cherokee 
country, he would head the Cherokees and drive them back. "I 
have borne arms. ^'' he said, "and though I am old I can doit again."' 

At the time of the treaty there were about nine hundred Cherokees 
of Colonel Drew's regiment encamped near and fed by me, and Col- 
onel Watie, who had almost abandoned the idea of raising a regiment, 
had a small body of men, not more, I think, than eighty or ninety, at 
Tahlequah. When the flag was presented Colonel Watie was present, 
and after the ceremony the chief shook hands with him and ex- 
pressed his Avarm desire for union and harmony in the nation. 

The gentlemen Avhora I had invited to meet me in June at the 
Creek agency did not do so. They were afraid of being murdered, 
they said, if they openly sided with the south. In October they 
censured me for treating with Mr. Ross, and were in an ill humor, 
saying that the regiment was raised in order to be used to oppress 
them. 



26 THE CHEROKEE QUESTION. 

The same day that the Cherokee treaty was signed, the Osages, 
Quapaws, Shawnoes, and Senecas signed treaties, and the next day 
tliev had a talk with Mr. Ross at his residence, smoked the great 
pipe, and renewed their alliance, being urged by him to be true to 
the Confederate States. 

I protest that I believed Mr. John Ross at this time, and for long 
after, to be as sincerely devoted to the confederacy as I m3"self was. 
He was frank, cheerful, earnest, and evidently believed that the in- 
dependence of the Confederate States was an accomplished fact. I 
should dishonor him if I believed that he then dreamed of abandoning 
the confederacy, or turning the arms of the Cherokees against us in 
case of a reverse. 

Before I left the Cherokee country, part of the Creeks under 
Hopoi-ilthli-Ycdiola left their homes underarms, and threatened hos- 
tilities. Mr, Ross, at my request, invited the old chief to meet 
him, and urged him to unite with the Confederate States. Colonel 
Drew's regiment was ordered into the Creek country, and afterwards, 
on the eve of the action at Bird creek, abandoned Colonel Cooper, 
rather than fight against their neighbors. But after the action the 
regiment was again reorganized. The men were eager to fight, they 
said, against the Yankees, but did not wish to fight their own 
brethren, the Creeks. 

"When General Curtis entered northwestern Arkansas in February, 
1862, I sent orders from Fort Smith to Colonel Drew to move to- 
wards Evansville and receive orders from General McCulloch. Colonel 
Watie's regiment was already under General McCulloch' s command. 
Colonel Drew's men moved in advance of Colonel Watie with great 
alacrit}^, and showed no want of zeal at Pea Ridge. 

I do not know that any one was scalped at that place, or in that 
action, except from information. None of my oflicers knew it at the 
time. I heard of it afterwards. I cannot say to ^vhich regiment 
those belonged who did it, but it has been publicly charged on some 
of the same men who afterwards abandoned the confederate cause, 
and, enlisting in the federal service, were sent into Arkansas to 
ravage it. 

After the actions at Pea Ridge and Elkhorn, the regiment of 
Colonel Drew was moved to the mouth of the Illinois, where I was 
able, after a time, to pay them $25 each, the commutation for six 
months' clothing, in confederate money. Nothing more, owing to 
the wretched management of the confederate government, was ever 
paid them; and the clothing procured for them was plundered by the 
commands of Generals Price and Van Dorn. The consequence was 
that when Colonel Weir entered the Cherokee country, the Pin In- 
dians joined him en masse. 

I had procured at Richmond, and paid Mr. Lewis Ross, treasurer 
of the Cherokee Nation, about the 4th of March, 1862, in the chief's 
house and in the chiefs presence, the moneys agreed to be paid 
them by treaty, being about $70,000 (I think) in coin, and, among 
other sums, $150,000 in confederate treasury notes loaned the nation 
by way of advance on the price expected to be paid for the neutral 



THE CHEROKEE QUESTION. 27 

land. This sum had been promised in the treaty at the earnest so- 
licitation of Mr. John Ross, and it was generally understood that it 
was desired for the special purpose of redeeming scrip of the nation 
issued long before, and much of which was held by Mr. Ross and his 
relatives. That such was the case, I do not know. I only know that 
the moneys were paid, and that I have the receipts for them, which, 
with others, I shall file in the Indian ofrice. 

In May, 1862, Lieut. Colonel William P. Ross visited my camp at 
Fort McCulloch, near Red river, and said to me that the " chief 
would be gratified if he were to receive the appointment of brigadier 
general in the confederate service. I did not ask him if he was au- 
thorized by the chief to say so, but I did ask him if he w^ere sure that 
the appointment would gratify him, and being so assured I promised 
to urge the appointment. I did so more than once, but never re- 
ceived a reply. It was not customary with the confederate war de- 
partment to exhibit any great wisdom, and in respect to the Indian 
country its conduct was disgraceful. Unpaid, unclothed, uncared 
for, unthanked even, and their services unrecognized, it Avas natu- 
ral the Gherokees should abandon the confederate flag. 

When Colonel Weir invaded the Cherokee country, Mr. Ross re- 
fused to have an interview with him, declaring that the Cherokees 
would remain faithful to their engagements with the Confederate 
States. There was not then a confederate soldier in the Cherokee 
Nation to overawe Mr. Ross or Major Pegg, or any other " loyal" 
Cherokee. Mr. Ross sent me a copy of his letter to Colonel Weir, 
and I had it printed and sent over Texas, to show the people there 
that the Cherokee chief was "loyal" to the Confederate States. 

Afterwards, when Stand Watie's regiment and the Choctaws were 
sent over the Arkansas into the Cherokee country, and Mr. Ross 
considered his life in danger from his own people, in consequence of 
their ancient feud, he allowed himself to be taken prisoner by the 
federal troops. At the time, I believed that if white troops had been 
sent to Park Hill, who would have protected him against Watie's men, 
he would have remained at home and adhered to the confederacy. 
For either he was true to his obligations to the Confederate States, 
voluntarily entered into — true at heart and in his inmost soul — or else 
he is falser and more treacherous than I can believe him to be. 

The simple truth is, Mr. Commissioner, that the "loyal" Cherokees 
hated Stand Watie and the half-breeds, and were hated by them. They 
were perfectly willing to kill and scalp Yankees; and when they were 
hired to change sides, and twenty-two hundred of them were orga- 
nized into regiments in the federal service, they were just as ready 
to kill and scalp when employed against us in Arkansas. We did not 
pay and clothe them, and the United States did. They scalped for 
those who paid, fed, and clothed them. As to loyalty, they had none 
at all. 

I entered the Indian country in May, and left it in October. For five 
months I travelled and encamped in it, unprotected by white troops, 
alone with but four young men, treating with the diflerent tribes. If 
there had been any " loyalty" among the Indians, I could not have gone 



28 THE CHEROKEE QUESTION. 

a mile in safety. Ho-poi-iltb-tlili-Yahola was not" loyal." He feared 
the Mclntoslies, who had raised troops, and Avho he thought meant 
to kill him for killing their father long years before. He told me 
that he did not wish to fight against the southern States, bnt only 
that the Indians should all act together. If Mr. Ross had treated 
with us at first, all the Creeks would have done the same. If Stand 
Watie and his party took one side, John Ross and his party were sure 
in the end to take the other, especially when that otherproved itself 
the stronger 

So far from the Watie party overawing the party which upheld 
Mr. Ross, I know it to be true that they were afraid to actively co- 
operate with the Confederate States, to organize, to raise secession 
flags, or even to meet me and consult with me. The}* feared that 
Colonel Drew's regiment would be used to harass them, and they 
never dreamed of forcing the authorities into a treaty. 

After the actions at Elkhorn, murders were continually complained 
of b}' Colonels Watie and Drew, and the chief solicited me to place 
part of Colonel Drew's regiment at or near Park Hill, to protect the 
government and its records. I did so. There never was a time 
whenthe " loyal" Cherokees had not the power to destroy the southern 
ones. 

As to myself, I dealt fairly and openly with all the Indians. I 
used no threats of force or compulsion with any of them. The " loyal' ' 
Cherokees joined us because they believed we should succeed, and 
left us when they thought we should not. At their request I 
wrote their declaration of independence and acceptance of the issues 
of war; and if any men voluntarily, and with their eyes open, and of 
their own motion, acceded to the secession movement, it was John 
Ross and the people whom he controlled. 

I am, sir, very respectfully, your obedient servant, 

ALBERT PIKE. 

D. X. CoOLEY, Esq., Commissioner of Indian A fairs. 



No. G. 

Declaration by the people of the Cherokee Nation of the causes which have 
impelled them to unite their fortunes with those of the Confederate 
States of America. 

When circumstances beyond their control compel one people to 
sever the ties which have long existed between thera and another 
state or confederacy, and to contract new alliances and establish new 
relations for the security of their rights and liberties, it is fit that 
they should publicly declare the reasons by which their action is ius- 
tified. ' "^ 

The Cherokee people had its origin in the south; its institutions 
are similar to those of the southern States, and its interests identical 
with theirs. 

Long since it accepted the protection of the United States of 



THE CHEROKEE QUESTION. 29 

America, contracted witli them treaties of alliance and friendship, 
and allowed themselves to be. to a u'rcat extent, governed by their 
laws. 

In peace and in war they have been faithful to their engagements 
with the United States. With much of hardship and injustice to 
complain of, they resorted to no other means than solicitation and ar-. 
gument to obtain redress. Loyal and obedient to the laws and the 
stipulations of their treaties, they served under the flag of the United 
States, shared the common dangers, and were entitled to a share in 
the common glory, to gain which their blood was freely shed on the 
field of battle. 

When the dissensions between the southern and northern States 
culminated in a separation of State after State from the Union, they 
watched the progress of events with anxiety and consternation. 
While their institutions and the contiguity of their territory to the 
States of Arkansas, Texas, and Missouri made the cause of the seced- 
ing States necessarily their own cause, their treaties had been made 
with the United States, and they felt the utmost reluctance even in 
appearance to violate their engagements, or set at naught the obli- 
gations of good faith. 

Conscious that they were a people few in numbers coa:ipared with 
either of the contending parties, and that their country might with 
no considerable force be easily overrun and devastated, and desola- 
tion and ruin be the result if they took up arms for either side, their 
authorities determined that no other course was consistent with the 
dictates of prudence, or could secure the safety of their people and 
immunity from the horrors'of a war waged by an invading enemy, 
than a strict neutrality, and in this decision they were sustained by 
a majority of the nation. 

That policy was accordingly adopted and faithfully adhered to. 

Early in the month of June of the present year the authorities of 
tiie nation declined to enter into negotiation for an alliance with the 
Confederate States, and protested against the occupation of the Cher- 
okee country by their troops, or any other violation of their neutral- 
ity. No act was allo\ved that could be construed by the United 
States to be a viohition of the faith of treaties. 

But Providence rules the destinies of nations, and events, by in- 
exorable necessity, overrule human resolutions. The number of the 
Confederate States has increased to eleven, and their government is 
firmly established and consolidated. Maintaining in the field an army 
of two hundred thousand men, the war became for them but a suc- 
cession of victories. Disclaiming any intention to invade the north- 
ern States, they sought only to repel invaders from their own soil, 
and to secure the riglit of governing themselves. They claimed only 
the privilege, assei'ted by the declaration of American independence, 
and on which the right of the northern States themselves to self-gov- 
ernment is founded, of altering their form of government when it 
became no longer tolerable, and establishing new forms, for the se- 
curity of their liberties. 

Throughout the Confederate States we saw this great revolution 



30 THE CHEROKEE QUESTION. 

effected without violence, or the suspension of the laws, or the clos 
ing of the courts. 

The military power was nowhere placed above the civil authori- 
ties. None were seized and imprisoned at the mandate of arbitrary 
power: all divisions among the people disappeared, and the determi- 
nation became unanimous that there should never again be any union 
with the northern States. Almost as one man, all who were able to 
bear arms rushed to the defence of an invaded country; and no- 
where has it been found necessary to compel men to serve, or to en- 
list mercenaries by the offer of extraordinary bounties. 

But in the northern States the Cherokee people saw with alarm 
a violated Constitution, all civil liberty put in peril, and all the rules 
of civilized warfare and the dictates of common humanity and de- 
cency unhesitatingly disregarded. In States which still adhered to the 
Union, a military despotism had displaced the civil power, and the 
laws became silent amid arms. 

Free speech and almost free thought became a crime. The right 
to the writ of habeas corpus, guaranteed by the Constitution, disap- 
peared at the nod of the Secretary of State or a general of the low- 
est grade. The mandate of the Chief Justice of the Supreme Court 
was set at naught by the military power, and this outrage on common 
right approved by a President sworn to support the Constitution. 
War on the largest scale was waged, and immense bodies of troops 
called into the field, in the absence of any law warranting it, under 
the pretence of suppressing unlawful combinations of men. The hu- 
manities of war which even barbarians respect were no longer thought 
worthy to be observed; foreign mercenaries and the scum of cities 
and the inmates of prisons were enlisted and organized into regiments 
and brigades, and sent into southern States to aid in subjugating a 
people struggling for freedom, to burn, to plunder, and to commit 
the basest of outrages on women. 

While the heels of armed tyranny trod upon the necks of Mar}'- 
land and Missouri, and men of the highest character and position were 
incarcerated, upon suspicion and without process of law, in jails, in 
forts, and in prison-ships, and even women were imprisoned by the 
arbitrary order of a President and cabinet ministers; while the press 
ceased to be free, the publication of newspapers was suspended, and 
their issues seized and destroyed; the officers and men taken prison- 
ers in battle were allowed to remain in captivity by the refusal of 
their government to consent to an exchange of prisoners; as they 
had left their dead on more than one field of battle that had witnessed 
tiieir defeat, to be buried, and their wounded to be cared for, by 
southern hands. 

Whatever causes the Ciierokee people may have had in the past 
to complain of some of the southern States, they cannot but feel that 
their interests and their destiny are inseparably connected with those 
of the south. The war now raging is a war of northern cupidity 
and fanaticism against the institution of African servitude, against 
the commercial freedom of the south, and against the political freedom 
of the States; and its objects are to annihilate the sovereignty of those 
States, and utterly change the nature of the general government. 



THE CHEROKEE QUESTION. 31 

The Cherokee people and their neighbors were warned before the 
war commenced that the first object of the party which now holds 
the powers of government of the United States would be to annul 
the institution of slavery in the whole Indian country, and make it 
what they term free territory, and after a time a free State. And 
they have been also warned, by the fate which has befallen those of 
their race in Kansas, Nebraska, and Oregon, that at no distant day 
they too would be compelled to surrender their country, at the de- 
mand of northern rapacity, and be content with an extinct nationality, 
and with reserves of limited extent for individuals, of which their 
people would soon be despoiled by speculators, if not plundered un- 
scrupulously by the State. 

Urged by these considerations, the Cherokees, long divided in 
opinion, became unanimous; and, like their brethren, the Creeks, Sem- 
inoles, Choctaws, and Chickasaws, determined by the undivided voice 
of a general convention of all the people, held at Tahlequah, on the 
21st day of August in the present year, to make common cause with 
the south and share its fortunes. 

In now carrying this resolution into effect, and consummating a 
treaty of alliance and friendship with the Contederate States of 
America, the Cherokee people declares that it has been faithful and 
loyal to its engagements with the United States, until, by placing its 
safety and even its national existence in imminent peril, those States 
have released them from those engagements. Menaced b}^ a great 
danger, they exercise the inalienable right of self-defence, and de- 
clare themselves a free people, independent of the northern States 
of America, and at Avar with them by their own act. Obeying the 
dictates of prudence, and providing for the general safety and wel- 
fare, confident of the rectitude of their intentions, and true to the 
obligations of duty and honor, they accept the issue thus forced upon 
them, unite their fortunes now and forever with those of the Confed- 
erate States, and take up arms for the common cause; and with entire 
confidence in the justice of that cause and a firm reliance upon Di- 
vine Providence, will resolutely abide the consequences. 

Tahlequah, C. N., October 28, 1861. 

THOMAS PEGG, 

President of National Committee. 

Josh. Ross, Clerk of National Committee. 

Concurred. LACY MOUSE, Speaker of Council. 

Thos. B. Wolf, Clerk of Council. 

Approved. JOHN ROSS. 



No. 7. 

Jolin Ross's speech to Dreiu's regiment^ December 19, 18G2. 

[The address of John Ross, principal chief of the Cherokee Natioi], 
delivered at Fort Gibson, to John Drew's regiment of Cherokees, on 
the occasion of the defection of the regiment, on the evo of a battle 



32 THE CHEROKEE QUESTION. 

with Opotli-ye-liola, the leader of the non-conforming Creeks, 19th 
December, 1802, written out the day following by myself, and be- 
lieved to be exactly correct. — Hercules Martin. inter2)rdcr.'\ 

Fellow-citizens, Soldiers and Friends: I appear before you this 
evening for the purpose of making a few remarks, previous to intro- 
ducing your friend. Colonel Cooper, the commander of the confederate 
forces in the Indian country, who intends to address you. 

A few nights ago I had occasion to address some of you on a very 
strange and extraordinary occasion, and now that you are nearly all 
present, I will necessarily have to repeat much that I then said. I 
then told you of the difficulty caused in the nation by the disruption 
of the United States, and the action taken by our neighboring States 
and tribes in joining the southern confederacy, which had left us 
alone, and of other matters of equal interest, that made it necessary 
for us to call a convention of the Cherokee people. 

This convention was held and numerously attended by the people, 
so that the acts of the convention were really the acts of the whole 
people. At that convention it was agreed on that all the distinctions 
of color should cease amongst the Cherokees forever, and that the 
half-blood Cherokee should have equal rights and privileges with the 
full-blood Cherokee, and the full-blood have the same rights and 
privileges as their white-skinned brethren, and that the Avhole were 
to be a united people. It was also agreed on, that, for the interests 
of the nation, our relations with the United States should cease, or 
be changed, for the reasons I have stated, and a treaty be made with 
the south. For this purpose I was then authorized to enter into 
negotiations with the commissioner of the southern confederacy, 
with the view of making such a treaty. At the same time and for 
this purpose there were men, in whom we had unbounded confidence, 
selected to negotiate and enter into a treaty with the south. 

Immediately after the convention I despatched a messenger to the 
distinguished commissioner for the Confederate States, who was then 
in the neighborhood of Fort * " *, and informed him of our readiness 
to enter into a treaty. In the mean time, although there was no treaty 
made, it was deemed expedient to raise a Cherokee regiment for our 
own preservation, and for the purpose of repelling invasion and guard- 
ing our own border, and in any emergency of this kind to act in con- 
cert w'itli the troops of the southern confederacy. 

This regiment was accordingly raised and organized at this place. 
On the arrival of the commissioner at this place, the regiment wel- 
comed him, and formed his escort to his headquarters at Park Hill, 
where the treaty was made. The treaty was made to the entire sat- 
isfaction of all who were concerned in it. It is the very best treaty 
we have ever made in many particulars, as it secures to us advan- 
tages we have long sought, and gives us the rights of freemen to dis- 
pose of our lands as we please. On the very day the treaty was 
signed it was submitted to the national council, then in session, and 
was then read and deliberated on, article by article, and unanimously 
adopted and confirmed by both houses, and it thus became a law. 
By negotiating this alliance with the Confederate States, we are 



THE CHEROKEE QUESTION. 33 

under obligations to aid the south against all its enemies, so that the 
enemies of the south are our enemies. ***** 

Under these circumstances, the commissioner deemed it expedient 
to accept of this regiment into the service at once. This was only 
delayed by the absence of the officer who was authorized to muste'r 
them into the service, the late Colonel Mcintosh, C. S. A., he having 
gone to duty under General MeCnlloch; but on learning this, Colonel 
Cooper sent another officer , who mustered them into the service, 
where the regiment has been since then, until the recent very 
strange, unaccountable blunder and confusion, when it acted as it 
did, when it was brought against Opoth-ye-hola's people a few days 
ago, which conduct has been examined into to-day and settled so ad- 
vantageously by Colonel Cooper, the commander of the forces on this 
frontier, feeling assured that it was evidently caused by a miscon- 
ception of matters as they really exist, or a mistake and' misunder- 
standing of what Opoth-le-hola really is. When we concluded to 
enter into (a treaty) negotiations with the Confederate States, by re- 
quest of the commissioner, I sent a messenger to the Osages and 
Senecas, requesting tiiem to meet the commissioner at Park Hill, and 
they very promptly responded. I also despatched a messenger to 
Opoth-le-hola for the same purpose, and advised him to submit to 
the treaty made with the Creeks, and to be advised by Colonel Cooper, 
who was his friend, and had used his utmost exertions to bring about 
peaceful relations with the parties in the Creek Nation. Opoth-le- 
hola replied that he was at peace with the south, with Colonel Cooper, 
and the Cherokees, and desired to remain so. Pie was willing also 
to submit to all proper treaties, but that a party in his own nation 
was against him and his people, who would not allow him to be at 
peace. 

On this 1 used every possible means to settle the disputes between 
the parties and bring about a peace, and hoped to succeed. The 
very last messenger Opoth-le-hola sent to me, one of his chiefs, 

* " * asked for my advice and intervention. I 

then sent a letter by the same messenger to Colonel Cooper, expressive 
of my views, and sent back word to Opoth-ye-hola to come alone into 
the Cherokee country, where he would be protected, and to disjierse 
his people and send them to their homes, and by no means to light. 
But, instead of doing this, he comes into the Cherokee country with 
a large armed force, and wantonly destroys the stock and other prop- 
erty of our citizens; by this means, without cause, invading our soil, 
and proving our enemy. He, by his subtlety, seeks to inveigle the 
Cherokees into his quarrel, as he still tells them he was their friend, 
but proving by his duplicity that he is not, as shown by his acts, for, 
while pretending peace, he was preparing for war, and has been de- 
ceiving us all the time, and no doubt has his agents amongst you, de- 
luding you into the belief that it was only a party feud, and that he 
was oppressed, while lie was acting for the north all the time. The 
very last messenger sent to him by Colonel Drew was at his own re- 
quest, yet with the full authority of Colonel Cooper, and Colonel D. N. 
Mcintosh was charged Avitli offers of peace, and this was from the 

3 



34 THE CHEROKEE QUESTION. 

leader of the very party he complained of, yet the messenger was in- 
tercepted and prevented from seeing Opoth-le-hola by some of his 
chiefs or officers who were already stripped and painted for war. 

It Avas this state of things that produced the strange blunder of 
this occasion and caused the separation of the regiment. Our treaty 
with the south is a good one, and, as I said, is the best we have ever 
made, securing many advantages we did not before possess; it is 
therefore our duty and interest to respect it, and we must, as the 
interest of our common country demands it. According to the stip- 
ulations of the treaty we must fight the enemies of our allies, when- 
ever the south requires it, as they are our enemies as well as the 
enemies of the south; and I feel sure that no such occurrence as the 
one we deplore would have taken place if all things were understood 
as I have endeavored to explain them. Indeed, the true meaning of 
our treaty is, that we must know no line in the presence of our in- 
vader, be he who he may. We must not let the invader carry the 
war into our land, but meet him before he reaches our lines and repel 
him. If, unfortunately, the invader should cross our lines, we must 
expel him by force, with the aid of our allies, and pursue him into 
his own country, as this is the intent of our treaty. For, although 
w^e were more specially to be the guards of our own border, and are 
not required to go a long distance from our homes to fight the battles 
of the south, yet we are not restricted to a line when there is an 
enemy in view, but must repel him, pursue and destroy him. I hope 
you now understand it, and that everything will now go on well, as 
it should. I have no more to say, and will now introduce Colonel 
Cooper, the commander of the confederate forces in the Indian 
countrv. 

The Cherokees gave their customary token of approval, when they 
were addressed by Colonel Cooper to the same eff'ect as J. Ross. 
They were then addressed in the Cherokee language by Major T. 
Pegg, at some length, but this was not interpreted. Man}' of the 
regiment left for their homes that night, not approving of the treaty 
and its requirements. 

The foregoing is almost verbatim, and contains at least the sub- 
stance of all the chief said. 

W. L. G. MILLER. 



Xo. S. 

John Ross to General Albert Pike, JanKory 1, 1SG2. 

Park IIiLL, Cherokee Nation, January 1, 18G2. 
Sir : Thinking that you may have arrived at Fort (Jibson by this 
time, I beg leave to inform you that your communication, with the 
amendments to the Cherokee treaty, has been received. The national 
council has been convened for Monday' next, in extra session, for the 
jturpose of taking into consideration those amendments. If conve- 



THE CHEROKEE QUESTION. 35 

nient to visit us on that occasion, it will afford rae great pleasure 
to welcome you as a guest at my house. 

I have the honor to be, very respectfully and truly, your obedient 
servant, 

JOHN ROSS, 

Principal Chief Cherolcee Nation. 
Brigadier General A. Pike, C. 6\ A, 



Original on fde in this ofiice. 



D. N. COOLEY. 
Commissioner Indian Affairs. 



No. 9. 

John Boss to General Pike, Fehruury 25, 18G2. 

Executive Department, 

Park Hill, February 25, 1862. 
_ Sir : I have deemed it my duty to address you on the present occa- 
sion. You have doubtless ere this received my communication, enclos- 
ing the action of the national council with regard to the final ratification 
of our treaty. Colonel Drew's regiment jn-omptly took up the line of 
march, on the receipt of your order from Fort Smith, towards Fay- 
etteville. I accompanied the troops some twelve miles east of this, 
and I am happy to assure you in the most confident manner that in my 
opinion this regiment will not fail to do their whole duty, whenever 
the conflict with the common enemy shall take place. There are so 
many conflicting reports as to your whereabouts, and consequently 
much interest is felt by the people to know where the headquarters 
of your niilitary operations will be established during the present 
emergencies. I had intended going up to see the troops of our regi- 
ment ; also to visit the headquarters of the army at Cane Hill, "in 
view of affording every aid in any manner within the reach of my 
power to repel the enemy. But I am sorry to say I have been dis- 
suaded from going at present, in consequence of some unwarrantable 
conduct on the part of many base, reckless and unprincipled persons 
belonging to Watie's regiment, who are under no subordination or 
restraint of their leaders, in domineering over and trampling upon 
the rights of peaceable and unoftending citizens. I have at all times 
in the most unequivocal manner assured the people that you will not 
only promptly discountenance, but will take steps to put a stop to such 
proceedings, for the protection of their persons and property, and to 
redress their wrongs. This is not the time for crimination and re- 
crimination ; at a proper time I have certain specific complaints to 
report for your investigation. Pardon me for again reiterating, that 
the mass of the people are all right in sentiment for the support of 



36 THE CHEROKEE QUESTION. 

the treaty of alliauce with the Confederate States. I shall be happy 
to hear from you. 

I have the honor to be your obedient servant, 

JOHN ROSS, 
Principal Chief Cherokee Nation. 
Brigadier General A. Pike, 

Commanding Indian DejMrfment. 

Original on file in this office. 

D.N. COOLEY, 
Commissioner Indian Affairs. 



No. 10. 

Jolin Ross to General Fike, March 22, 1SG2. 

Executive Department. 

Park Hill, (J. N., March 22, 18G2. 
Sir : I respectfully beg leave to invite your attention to the ex- 
posed condition of the northern and almost entire eastern border ot 
the Cherokee Nation. Since the battles of the 7th and 8th instant in 
Benton county. Ark., there is no force to withstand the invasion of 
the federal army if it should meet their policy to move either in force 
or by detaclied parties into the Cherokee country. This state of af- 
fairs naturally begets apprehension and anxiety in the minds of the 
{leople, and ■which, fanned by false reports that are in constant cir- 
culation, may degenerate into a panic. The funds of the nation and all 
its public records are wholly unprotected and at the mercy not only 
of federal reconnoitring parties, but of even a few lawless individuals, 
if they should combine under sucli favorable circumstances for plun- 
tler and mischief. My object in addressing you this note is, there- 
fore, in a most respectful manner to request that Colonel Drew's 
regiment, or a portion of it, be stationed in this immediate vicinity to 
afford whatever protection may be in their power to the puhlic 
property of the nation, and to be used as scouts for the benefit of the 
army and the citizens of the nation in keeping up reliable information 
as to the movement of the United States forces. I have no reliable 
information of the proximity of any federal troops, although reports 
are circulating to that effect. I have just returned from Tahlequah, 
and could not learn certainly that any have been at Cincinnati on the 
line. Rev. Young Ewing, who came down last evening from the 
vicinity of Evansville, where he had been for a day or two, heard 
that the federal army was about the battle-ground and its vicinity, 
and that Missourians in larger or smaller numbers were coming down 
the line road to join General Price's army. Should any information 
be received by me before to-morrow morning entitled to credit, I 



THE CHEROKEE QUESTION. 37 

will forward it by officers of the regiment, who will he proceeding to 
Webber's Falls in the morning. 

I have the honor to be, sir, very respectfully, your obedient ser- 
vant, 

JOHN ROSS, 

Principal Chief Cherokee Nation. 
Brigadier General A. Pike, 

Commanding Indian Department. 

Original on file in this office. 

D. N. COOLEY, 
Commissioner Indian Affairs. 



No. 11. 

John Boss to , 3Iarch 21, 1862. 

Executive Department, 
Park Hill, C. N., March 21, 1862. 
Sir: I am in receipt of your favor of the 23d inst. I have no doubt 
that forage can be procured for Colonel Drew's men in this vicinity by 
hauling it in from the farms of the surrounding districts. Thd sub- 
ject of a delegate in congress shall be attended to so soon as arrange- 
ments can be made for holding an election. I am happy to learn that 
Colonel Drew has been authorized to furlough a portion ol' the men in 
his regiment to raise corn. I shall endeavor to be correctly informed 
of the movement of the enemy, and to advise you of the same, and 
I shall be gratified to receive any important information that you 
may have to communicate at all times. 

I am, very respectfully and truly, vours, &c., 

JOHN ROSS, 
Principal CJdef Cherokee Nation. 
Original on file in this office. 

1). N. C, Commissioner of Indian Affairs. 



No. 12. 

John Ross to General Pike, April 10. 1862. 

Executive Department, 
Park Hill C. N, April 10, 1862. 
Sir: I beg leave to thank you for your kind rer.ponse to my letter 
of the 22d ultimo, and your order stationing Colonel Drew's regiment 
in this vicinity. Though much reduced by furloughs, in number, it will 
be useful for the particular purposes for wdiioh it was ordered here. 
The unprotected condition of the country, however, is a source of 
general anxiety among the people, who feel that they are liable to be 
overrun at any time by small parties from the United States array, 



38 THE CHEROKEE QUESTION. 

which remains in the vicinity of the late hattle-ground. This is more 
particnhirly the case since the removal of the confederate forces under 
3"0iir command, and those under Major General Price. Without dis- 
trusting the wisdom that has prompted these movements, or the 
manifestation of any desire on my part to inquire into their policy, 
it will be, nevertheless, a source of satisfaction to be able to assure 
the jDCople of the country that protection will not be Avithheld from 
them, and that they will not be left to their own feeble defence. 
Your response is respectfully requested. 

I have the lionor to be, sir, with high regard, your obedient ser- 
vant. 

JOHN ROSS, 
Frincipal Chief Clteroliee Nation. 
Brig. Gen. A. Pike, 

Cora (J Departincnt Indian Tcvritorij, 

Headquarters Cliodaic Nation. 
Original on file in this office. 

D. N. C., Commissioner of Indian Affairs. 



xVo. 13. 
Letter of T. J. 31ackejj , June 4. 1866. 

Washington, D. C.. June 4, 1866. 

Str: In compliance with your request. I have tlie honor to submit 
the following statement in regard to the alliance l^etween the Chero- 
kee Nation and the late Confederate States. 

In May of 1861 the Cherokee Nation issued a declaration of neu- 
trality in view of the war then begun between the United States and 
the Confederate States. That declaration was concurred in by the 
confederate authorities, and it was respected by General McCulIoch, 
who commanded an army of about eight thousand (8,000) confeder- 
ates on the eastern border of the Cherokee country. This neutrality 
Avas maintained until the battle of Wilson's Creek, in which the 
forces of the United States were defeated, on the 9th day of August, 
1861. Soon after that battle John Ross, the principal chief of the 
Cherokees, announced to General Pike, the commissioner empowered 
by the Confederate States to treat with the several Indian nations, 
that the Cherokees were ready to renounce their neutrality and enter 
into an alliance, offensive and defensive, with the Confederate States. 
A treaty was effected on this basis. The Confederate States bound 
themselves to pay the sum of two hundred and i\{'ty thousand dollars 
($250,000) to the Cherokees on the ratification of the treaty; to con- 
tinue the annuities that they had I'ormerly received from the United 
States, and to indemnify them for alllosses that might accrue to them 
in consequence of their abrogating their treaties with the United 
States. The Cherokees. through their chief John Ross, bound them- 
selves to I'urnish all their able-bodied men to the Confederate States 
for service against the United States; and it was stipulated that the 



THE CHEROKEE QUESTION. 39 

Cherokee forces should not be required to murcb out of their own ter- 
ritory without their special consent. Pursuant to that treat)' a force 
of Cherokees was organized under the direction of John Ross. A 
portion of this force, consisting of Cherokees of the old Ross or Pin 
party, was in the battle of Pea Ridge or Elkhorn, where they killed 
and scalped the wounded of the federal army. This fact was made the 
subject ofa correspondence between Major General Curtis, of theUnited 
States army and General Pike. That battle was fouii'lit in March, 
1862. ' ' ^ 

In July of 1862 Colonel Weir, of the United States army, command- 
ing a force on the northern border of the Cherokee country, sent a 
communication to Ross, proposing that tlie Cherokees should annul 
their treaty with the Confederate States and form an alliance with 
the United States; and Colonel Weir invited his attention to the fact 
that the confederate authorities had violated their treaty with the 
Cherokees by withdrawing all their forces from the Cherokee coun- 
try. He offered John Ross, and such chiefs as he might designate, 
a safe-conduct through his lines to Washington and return. This 
proposition was declined peremptorily by Ross, who declared that 
the Cherokees disdained an alliance with a people Avho had author- 
ized and practiced the most monstrous barbarities in violation of the 
laws of war; that the Cherokees were bound to the Confederate 
States by the faith of treaties and by a community of sentiment and 
interest; that they were born upon the soil of the south, and would 
stand or fall with the States of the south. This reply, with an ex- 
planatory letter, was sent to General Pike by Ross, in charge of 
Ross's son. I was chief engineer of the Indian department at the 
time, and read them. General Pike was then encamped at Fort 
McCulIoch, in the Chickasaw Nation. 

About three months after Ross penned this reply to Colonel Weir 
he Avent over to the United States, with a little over a half of the 
Cherokees, embracing the greater portion of the full -bloods. 
I am, sir, very respectfully, your obedient servant, 

T. J. MACKE7. 

Hon. P. N. CooLEY, 

Commissioner Indian Affairs^ Washington , JJ. C. 



A. 

Message of the principal chief of {he Cherokee Nation to the national com- 
mittee and comcil in mdioncd council convened. 

Friends AND Fellow-citizens: Since the last meeting of the na- 
tional council, events have occurred that will occupy a prominent 
place in the history of the world. The United States have been dis- 
solved, and two governments now exist. Twelve of the States com- 
posing the late Union have erected themselves into a government 
under the style of the Confederate States of America, and, as you 
know, are now engaged in a war for their independence. The con- 



40 • THE CHEROKEE QUESTION. 

test thus far lias been attended with success, ahnost uninterrupted, on 
their side, and marked by brilliant victories. Of its final result there 
seems to be no ground for a reasonable doubt. The unanimity and 
devotion of the people of the Confederate States must sooner or later 
secure their success over all opposition, and result in the establish- 
ment of their independence and a recognition of it by the other 
nations of the earth. At the beginning of the conflict, I felt that the 
interests of the Cherokee people would be best maintained by re- 
maining quiet and not involving themselves in it prematurely. Our 
relations had long existed with the United States government, and 
bound us to observe amity and peace alike with all the States. Neu- 
trality w^as proper and wise so long as there remained a reasonable 
probability that the difficulty between the two sections of the Union 
would be settled, as a difl'erent course would have placed all our 
rights in jeopardy and might have led to the sacrifice of the people. 
But when there was no longer any reason to believe that the Union 
of the States would be continued, there was no cause to hesitate as to 
the course the Cherokee Nation should pursue. Our geographical 
position and domestic institutions allied us to the south, while the 
developments daily made in our vicinity as to the purposes of the war 
w\aged against the Confederate States clearly pointed out the path of in- 
terest. These considerations produced a unanimity of sentiment among 
the people as to the policy to be adopted by ^he Cherokee Nation, 
which was clearly expressed in their general meeting held at Tahle- 
quah on the 21st day of August last. A copy of the proceedings of 
that meeting is submitted for your information. In accordance with 
the declarations embodied in the resolutions then adopted, the execu- 
tive council deemed it proper to exercise the authority conferred 
upon them by the people there assembled. Messengers were des- 
patched to General Albert Pike, the distinguished Indian commissioner 
of the Confederate States, who, having negotiated treaties with the 
neighboring Indian nations, was then establishing relations between 
his government and the Comanches and otlier Indians in the south- 
west, who bore a copy of the proceedings of the meeting referred to, 
and a letter from the executive authorities, proposing on behalf of 
the nation to enter into a treaty of alliance, defensive and offensive, 
with the Confederate States. In the exercise of 'the same general 
authority, and to be ready, as far as practicable, to meet any emer- 
gency that might spring up on our northern border, it was thought pro- 
per to raise a regiment of mounted men, and tender its service to Gen- 
eral McCulloch. The people responded with alacrity to the call, and 
it is believed the regiment will be found as efficient as any other like 
number of men. It is now in the service of the Confederate States, 
for the purpose of aiding in defending their homes and the common 
rights of the Indian nations about us. This regiment is composed of 
ten full companies, with two reserve companies, and, in addition to 
the force previously authorized to be raised to operate outside of the 
nation by General McCulloch, will show that the Cherokee people are 
ready to do all in their power in defence of the confederate cause, 
which has now become their own. 



THE CHEROKEE QUESTION. 41 

And it is to be hoped that our people will spare no means to sustain 
them, but contribute liberally to suppl}^ any want of comfortable 
clothing for the approaching season. In years long since past, our 
ancestors met undaunted those who would invade their mountain 
homes beyond the Mississippi; let not their descendants of the pre- 
sent day be found unworthy of them, or unable to stand by the chi- 
valrous men of the south by whose side they may be called to fight 
in self-defence. The Cherokee people do not desire to be involved 
in war, but self-preservation' fully justifies them in the course they 
have adopted, and they will be recreant to themselves if they should 
not sustain it to the utmost of their humble abilities. 

A treaty with the Confederate States has been entered into and is 
now submitted for your ratification. In view of the circumstances 
by which we are surrounded, and the provisions of the treaty, it will 
be found to be the most important ever negotiated on behalf of the 
Cherokee Nation, and will mark a new era in its history. Without 
attempting a recapitulation of all its provisions, some of its distin- 
guishing features may be briefl}^ enumerated. The relations of the 
Cherokee Nation are changed from the United to the Confederate 
States, with guarantees of protection, and a recognition in future ne- 
gotiations only of its constitutional authorities. The metes and 
boundaries as defined by patent from the United States are continued, 
and a guaranty given for the neutral land, or a fair consideration in 
case it should be lost by war or negotiation, and an advance thereon 
to pay the national debt, and to meet other contingencies. The pay- 
ment of all our annuities and the security of our investments are pro- 
vided for. The jurisdiction of the Cherokee courts over all members 
of the nation, whether by birth, marriage, or adoption, is recog- 
nized. 

Our title to our lands is placed beyond dispute. Our relations with 
the Confederate States is that of a ward; theirs to us that of a pro- 
tectorate with powers restricted. The district court, with a limited 
civil and criminal jurisdiction, is admitted into the country instead of 
being located in Van Buren, as was the United States court. This is, 
perhaps, one of the most important provisions of the treaty, and se- 
cures to our own citizens the great constitutional right of trial by a 
jury of their vicinage, and releases them from the petty abuses and 
vexatious of the old system before a foreign jury and in a foreign 
country. It gives us a delegate in Congress on the same footing with 
delegates from the Territories, by which our interests can be repre- 
sented — a right which has long been withheld from the nation, and 
which has imposed upon it a large expense and great injustice. It 
also contains reasonable stipulation in regard to the appointment and 
powers of the agent, and in regp.rd to licensed traders. The Chero- 
kee Nation may be called upon to furnish troops for the defence of 
the Indian country, but is never to be taxed for tlie snjjport of any 
war in which the States may be engaged. 

The Cherokee people stand upon new ground. Let us hojie that 
the clouds which overspread the land will be dispersed, and that we 
shall prosper as we have never before done. New avenues to useful- 



42 THE CHEROKEE QUESTION 

ness and distinction will be opened to the ing;enuous youth of the 
countiy. Our rights of self-government vrill be more fully recog- 
nized, and our citizens be no longer dragged off upon flimsy pretexts 
to be imprisoned and tried before distant tribunals. No just cause 
exists for domestic difliculties. Let them be buried with the past, 
and only mutual friendship and harmony be cherished. 

Our relations with the neighboring tribes are of the most friendly 
character. Let us see that the white path which leads from our 
country to theirs be obstructed by no act of ours, and that it be 
open to all those with whom we may be brought into intercourse. 

Amid the excitement of the times, it is to be hoped that the inter- 
ests of education will not be allowed to suffer, and that no interrup- 
tion be brought into the usual operations of the government. Let 
all its otticers continue to discharge their appropriate duties. As the 
services of some of 3'our members may be required elsewhere, and 
all unnecessar}' expense should be avoided, I respectfully recommend 
that the business of the session be promptly discharged. 

JNO. ROSS. 

Executive Department. Tohhquah. C.N.. Oct. 0, 18G1. 



B. 

Statement of the commissumer to the northern Cherokees as to what points 
the government would insist upon. 

1st. A jirovision that the Cherokees (northei-n) have a country 
north of the Arkansas, and in the eastern part of the "'Cherokee 
countr}', *' east of the Grand river, below Ross's ford, and so far west 
above that line, extending to the north line of the Indian country, as 
is equal to 320 acres for each Cherokee man, woman, and child, and 
80 acres for each person of color, formerly a slave to any Cherokee, 
who may remain in said country. 

2d. Such Cherokees as may, on account of former feuds and such 
difficulties as now exist in the nation, and who now live in the Cana- 
dian district, or west of Grand river, and east of 95° 30' west lon- 
gitude, and such as may go into that district within one year to reside, 
shall each have for his and their use IGO acres of land for each Chero- 
kee, and 80 acres for each freedman, formerly slave of such Chero- 
kee. They shall have their pro rata share of the school funds, equal 
rights in the benefits of academies and seminaries, and dollars 

out of the avails of the sale of territory to the United States, and 
their equitable proportion of the funds of the nation; and while they 
remain in such separate territory, the Cherokee national authorities 
shall have no jurisdiction over them; but so far as their dealings with 
the United States are concerned, they shall be considered part of the 
Cherokee Nation;and in case the two portions of the Cherokees shall 
hereafter so determine, they shall be reunited. 

3d. A census of the Cherokees in the nation, and of those outside 



THE CHEROKEE QUESTION. 43 

ill the districts above named, shall be taken within a year, under direc- 
tion of the agent. 

4tli. The imi)rovements of those in the districts above named, be- 
longing to such Cherokees as may within one year desire to return 
to the Cherokee country east of the Grand river and north of the 
Arkansas, shall be paid for by those who remove into the first-named 
districts. 

5th. The laws of the Cherokees providing for confiscation of prop- 
erty to be void, and their improvements to be restored to such as 
decide to return to their homes. 

Gtb. A general amnesty for all oftences growing out of the late re- 
bellion, 

Tth. The United States to purchase the neutral lands at a fair 
})rice. 

8th, Texas and North Carolina Cherokees to have the same riglits 
as other Cherokees, if they remove and live with them upon their 
reservations. 

_ 9th, Consent to be given to a territorial government on the prin- 
ciple of Senate bill 459, 38th Congress. 

10th. The freedmen to be dealt with as liberally as in the case of 
Choctaws and Chickasaws. 

llth. Right of way to be given for railroads in either direction. 

12th. Sale to the United States of lands lying west of 95- 30' west 
longitude. 



C. 

Conference heiween Hon. D. N. Cooley, Commissioner of Indian Affairs, 
and northern Cherol-ees. May 5, 186G, f }lr. Ewing, attorney for 
nortltern Cherokees; Mr. Voorhees, attorney for soidJiern Cherokees.) 

Mr. CoOLEY. We do not want the land you offer, unless you give us 
some east of 97° with it. 

Mr. EwiNG. That subject was so thoroughly discussed at our last 
meeting that it is unnecessary to spend time on it now. 

Captain Bangs. Our intentions have been understood. 

Mr. CooLEY. Then I understand you will not go east of 97^\ Have 
you any further propositions to make in relation to southern Cher- 
okees? Have you thought about settling another district? 

(The delegation here submitted a letter purpoting to show that 
most of the southern refugees had returned to their homes.) 

Mr. YoGRHEES. Read it. (It was read.) Suppose the delegation 
could be convinced that there are not 200 back in the country, what 
would they do? 

Mr. EwiNG, (waiving the question.) We want to make a treaty now, 
or go home. We have been here a long time without accomplishing 
the object for which we came. 

Mr. CoOLEY. I have no idea that so many have returned. 

Mr. Voorhees. They went to the Canadian district, a great many 
of them, to raise a crop for this year. 

Mr. Cooley. The only object of the department is to make them 



44 THE CHEROKEE QUESTION. 

self-sustaining- and peaceable. That many have taken the oath and 
gone to their old homes we have no positive evidence. 

Mr. D. H. lloss reads letter from H. D, Rees, which says the ref- 
ugees are going to the Canadian district. 

Mr, CooLF.Y. I believe that. The military were ordered to protect 
them there. 

Mr. VooRHEES. If these men w'ere going home to live we would 
not spend our time here trying to get a separation. 

Mr. EwiNG (reads, interrupting.) "General Watie wants to break 
up the Cherokee Nation." 

Mr. VoORHEES. We could bring bushels of letters, but we do not 
want to make personal attacks. 

Mr. CoOLEY. I am for business. 

Mr. EwiNG. We expected a proposition from you. 

Mr. CooLEY. What of a proposition to settle them between Verdi- 
gpis and Arkansas, or Little Verdigris and Arkansas, west of 95^°? 

Mr. Ewixf!. I think they will agree to settle them w^est of the Lit- 
tle Verdigris. 

Mr. CooLEY. That takes the river and timber off. 

Mr. EwiNG. No, not altogether. 

Mr. CooLEY. There is land enough east of Grand river for Chero- 
kees. We are making a treaty with Dolawares and other Kansas In- 
dians, and they want to get together. I do not think your proposi- 
tion opens up any inducements to Kansas Indians. 

Mr. EwiNG. These men. after several months of deliberation, have 
decided to cede no lands east of 97°, nor to allow any other tribes 
with them unless they consent to live under their laws. 

Captain Benge. We don't want two governments for a small tribe 
of Indians. I think they ought to yield some. 

Mr. CooLEY. They come here merely asking for what they w^ant. 
They make no demands. If you cannot agree, we must put a govern- 
ment there. I am in favor of your project in regard to the Kansas 
Indians, but none of these bands appear willing to assent. 

Mr. VooRHEES. The point upon which we are most solicitous is 
this one of jurisdiction. If they are to hold the sway and domineer- 
ing power over us, we have no guarantee the bygone scenes of blood- 
shed will not be re-enacted. 

Mr. EwiNG. If these peo[)le are settled fifty or sixty miles away it 
will stoj) that. 

Mr. VooRHEES. Will you let us make our own laws? 

Mr. EwiNG. No. 

Col. Phillips. Colonel Adair said yesterday " they were not 
whipped;" and I believe the spirit of disloyalty lingers in them yet 
as bad as ever. 

(After a debate on that remark, amounting to nothing) — 

Mr. VooRHEES. We don't want to destroy the unity of the nation. 
Give us our council, courts, laws, local judges, &c., and let the gov- 
ernment deal with us as one people, in proportion to numbers, and 
if after a time our people are willing to coalesce, Ave will be glad of it. 

]\Ir. CooLEY. Is there any probability of this delegation adopting 
such a i)Ian ? 



THE CHEROKEE QUESTION. 45 

Mr. EwiNG. No, not a bit. 

Mr. VooRHEES. What, except the mere love of power, could in- 
duce you to want to exercise such jurisdiction over us us that? 

Mr. CooLEY. The Choctaws and Chickasaws are living peacefully 
under their treaty. 

Mr. EwiNG. They are of difterent blood. 

Mr. VooRHEES. I have talked with many prominent men, who know 
the state of aftairs in that country, and not one of them believes the 
southern Cherokees will go back to their old homes and live. I say 
with the utmost sincerity there is net one but would bo perfectly 
satisfied to go to their homes if they believed they would be fairly 
dealt with. 

Col. Phillips. They were one nation before. 

Mr. CooLEY. The proposition to protect these men in their rights 
is proper. They are willing to yield some of their rights. They 
make no demands. If there is the danger the other delegates say, 
that they will do some night as their fathers did, I should be very 
sorr}'. 

Mr. VoORHEES. The government cannot exterid protection where 
there is a disposition among Indians to injure. 

Mr. EwiNG. That gives the Cherokees a character I do not think 
they deserve. They lived in absolute peace from 1846 to 18GI. 

Mr. VooRHEES. I don't want to harrow up these things, except to 
show that they really did happen. Judge Tibbetts said murders were 
common. 

Mr. Jones then related the list of murders in detail, and the 
causes, from 1846 to 1861, as near as the delegation could remember. 

Mr. VoORHEE.s. Did not a feud break up the schools and churches 
before the war ? 

Mr. EwiNG. Yes. 

Mr. VooUHEES. Disloyalty is a misnomer. We present a plan, 
by which there can be no possibility of a renewal of troubles. Let 
us have a place apart, live separate, and be governed separately, but 
come here and treat together as the Cherokee Nation. 

Mr. EwiNG. White rebels would like such a plan. 

Mr. VooRHEES. These people are not, like the people of the south, 
getting their homes back and being protected in them. They would 
be glad to get such treatment. 

Mr. EwiXG. ^ You ask a separation on account of your disloyalty. 

Mr. YooRHEES. That is a misfortune, and not a merit. Why do 
you still persist in wanting to dictate our laws to us when you will 
live far away from us, -ind will not know what laws are peculiarly 
adapted to us? 

Mr. Jones. The reason why we hold that point so tenaciously is 
because we feel we have a responsibility there. We have this inter- 
est at heart. 

Mr. Cooley. What about the money provision in article 7 ? 

Mr. EwiNG. The Secretary suggested about $100. He don't want 
much inducement offered. 

Mr. Cooley. I should not much like such a plan. I did not know 
that was the Secretary's feeling in the matter. 



46 THE CHEROKEE QUESTION. 

Mr. Jones. I think only ;i few will go west. The rest will settle 
at their old homes. 

Mr. CooLEY. I don't think any Cherokee should be driven west of 
98°. 

Captain Benge. We won't divide. 

Mr. Cooley. Unless you make a more liberal proposition I will re- 
commend another. 

Captain Bence. We will not do it; we cannot: we will not make 
any further concessions. 

Mr. Cooley. Do you wish those words recorded ? 

Mr. EwiNG. No; don't put them down. 

Mr. Cooley. In regard to the ce&sion of land, if you will not cede 
any east of th(j Arkansas it is useless to argue the point further. 

Mr. EwiNG. I don't think the delegation could be got to cede any 
land east of the Arkansas; but if we can get these Kansas Indians 
to move down there under such an arrangement as we have named, 
it would suit all. 

Mr. Cooley. The next meeting I will have a proposition as a sine 
qua non. I have none now. (Reads letter from General Blunt in 
relation to Cherokees.) General Blunt says it is impracticable, on 
account of a bitter feud, to have them live together under the same 
jurisdiction. Thinks they will not live together. 

Mr. Cooley. It seems to be the desire to put railroads in that 
country. All other treaties provide certain interest in the lands to 
the railroad companies, and I think it would be better for the Chero- 
kees. 

Mr. EwiNG. They don't want to do it. They are afraid the rail- 
road companies will sell the land to white men. ' 

Mr. Cooley. All other treaties have provision in them that none 
but Indians shall be allowed to purchase the land. 

Mr. Jones. The Secretary said in regard to the railroad question: 
"You might do it, but I don't advise you to give them any land.'' 

Mr. Cooley. Do you think your people would give the southern 
Cherokees a separate district and allow them local jurisdiction? 

Mr. EwiNG. The law allows them a district judge; that is all we 
will guarantee. As an evidence of the death of feuds prior to the 
war, Mr. Standwatie was president of council. Colonel Adair was a 
member of the upper house, and other prominent men in them were 
in various positions of honor under the Cherokee government. 

Mr. Cooley. We do not recognize Standwatie as chief of the Cher- 
okees ; we recognize him as chief of a council. These southern Cher- 
okees say they are afraid to go back. Their demands are not unrea- 
sonable, except as to breaking up the government. Why not give 
them a district to suit them, and let them have their own local magis- 
trates V 

Colonel Phillips. It is not so much separating the countrv as 
separating the government. 

Mr.JoXES. We would much rather take in Indians and not sell 
land. 



THE CHEROKEE QUESTION. 47 

Mr. CoOLEY. 1 t^hall probably be :ible oii Tuesday to say what the 
government will ask. 

Adjourned until Tuesday, May 8. 



I. 

L?ttcr from Judge Harlan, Cherokee agent, to Commissioner of Indian 

Affairs. 

Washington, D. C, March 28. 18G6. 

Sir: Yours of this date received. I have the honor to answer: 

The number of the Cherokee people, according to the most relia- 
ble data within my reach, is about 17,000. 

This is, however, but an estimate, never having been able to obtain 
a census of even that part of the nation which remained in the nation 
after the rebellion. In the issue of provisions and clothing to that 
portion which remained, I kept a register of those receiving aid. I 
issued food and clothing only to old men, women and children. These 
amounted to about 9,000. When the army was disbanded nearly 
1,500, soldiers were mustered out of the service, which, together with 
the women, children, and old men, make 10,500. Of the Watie 
party which went south, I have still less upon which to form an opin- 
ion. That party had left the nation before I got there. But from 
what I learn from many sources — and I have made much inquiry — I 
suppose the Watie party to number about G,500. 

This party, at present, is scattered over a large tract of country 
between Red river and the Arkansas. 

That part of the Cherokee country lying southwest of the Arkan- 
sas river, and between Forts Smith and Gibson, at the breaking out 
of the rebellion, was partially settled. Exposed sometimes to one 
side and then to the other, neither party could occupy it. Both aban- 
doned it. Some went south, and the balance crossed the Arkansas 
river to the northeast. Into that part thus abandoned I am told the 
Watie party are now returning, in what numbers I cannot certainly 
say ; from-what I learn. I judge not in very great numbers — to the first 
day of January last under one hundred. I suppose there are more 
now. The number returned to the northeast side of the Arkansas 
to the same date was about one hundred. That number has been in- 
creased since, but the extent I have no reliable information — I think 
not very largely. 

You ask me my opinion of the probability of the Waity and Ross 
party being reconciled and living together in peace. 

At Fort Smith, last fall, I conversed freely with both parties. 
From the spirit manifested by both, I did not then think they could; 
I still remain of the same opinion. Their feud dates back forty years, 
it grew more fierce at the treaty in 1835; still more fierce iii 1839, 
when so many were assassinated of the Ridge party. This great 
slaughter weakened the Ridge i)arty, but it did not make the friends 
of those slaughtered love the slayers. They do not now, and never 



48 THE CHEROKEE QUESTION. 

will. A slight cause, real or imaginary, and the fires of the ancient 
feud will blaze forth as fiercely as it ever did. An attempt is now 
being made to show that the feud is forgotten or forgiven. I hope it 
is so, but in the three years I have lived in the nation I have received 
no evidence which has led me to hope that if they reunite the bloody 
scenes of 1839 will not be re-enacted. They had not made friends to 
the outbreak of the rebellion. Nothing has, of course, transpired since 
to mollify the hate that so long existed. Those who know the Indian 
character best are the most confident that peace between the parties 
is impossible. I may be wrong, but that is my opinion. This was 
the opinion of both parties last fall at Fort Smith. The Watie party 
then thought they would not be secure if they returned. At that 
time, and to this time, as far as I know, the Ross party were deter- 
mined that a considerable portion of the Watio party should not be 
secure if they did return; and so far as I know, the determination still 
exists. The Ross party now say they can live in peace — I hope they 
can; it is only my hope, not my belief. If the Cherokees agree to do 
so, I see no reason why the United States government should object. 
The Indians are the only parties particularly interested. 

I will make one further observation: both parties of the Cherokee 
Nation are now here represented. I see nothing in their conduct here 
towards each other tending to convince me that the old feud is not 
just as fresh and violent as it ever has been, or ever can be. 
With great respect, vour obedient servant, 

J. HARLAN, U. S. Indian Agent. 

Elijah Sells, 

SupH of Indian Affairs, Southern Siiperiniendency. 



Letter from Hon. J. 31. Tchhetts to Commissioner of Indian Affairs. 

Washington, D. C, Marcli 30, 18GG. 

Sir: 1 am in receij^t of your communication of this date, in which 
you request me to furnish your office with any information I may 
possess in relation to the condition of the Cherokees, both northern 
aud southern, especially as regards the probability of their reuniting, 
and living together as one people, together with any views and sug- 
gestions wliich may be of service to the government in arranging the 
difficulties between them. 

I have no means at the present time of estimating the number of 
northern and southern Cherokees; but I am of opinion that the es- 
timate of Superindendent Sells will be found to approximate the true 
number. The great body of the southern Cherokees are now home- 
less on Red river; some, pressed by hunger, are hanging on the bor- 
ders of the Chei'okee territory, to receive the rations distributed by 
government at Fort Gibson, and awaiting the action of the govern- 



THE CHEROKEE QUESTION. 49 

mcnt here; others, very few in number, have returned to their old 
homes. 

I have been residing since 1839 in Arkansus, immediately on the 
frontier. My opportunity for learning their condition and party re- 
lations has been good. I have long been impressed with the idea that 
the policy of the government towards this people, in one respect es- 
pecially, has been a most signal failure — a policy, however well intend- 
ed, which has wholly failed to secure to them the most important 
guarantees of the treaty of 1835; a policy which has resulted in 
feuds and broils, rapine and murder, and, if continued, will result 
in the extermination of one or the other of the hostile factions. 

It is a great mistake to suppose that these dissentions are of a re- 
cent date; they go back to the treaty of 1835, and are as irradicable 
as the traditions of that haughty race. By the treat}" 1817 a portion 
of this great tribe emigrated west of the Mississippi, and settled on 
territory now embraced within the limits of the State of Arkansas. 
By the treaty of 1828 those remaining behind, in the State of Geor- 
gia, were guaranteed the quiet and undisturbed possession of that 
country forever. But the restless and aggressive white man pressed 
upon them, and the State of Georgia, insisting on the boundaries 
embraced in the royal charter, extended her laws and jurisdiction 
over this people. Then arose the memorable conflict between the 
State of Georgia and the Cherokee Nation, involving the general gov- 
ernment in complications from which it sought to extricate itself by 
the treaty of 1835. An earnest appeal was made to the eastern 
Cherokees to cede all their lands and remove west of the Mississippi. 
They hesitated long. Here w^ere the graves of their sires; here were 
their homes and their liunting-grouuds. Every hill and valley, riv- 
ulet, and glen, had its tradition, and told of deeds of daring and 
renown. Here were their affections; this was their home. But the 
white man still pressed, and the demands of the government were 
urgent; arguments and considerations were used which only the rich 
and powerful can use, and terms were accepted which only the weak 
and defenceless can accept. A majority of the eastern Cherokees 
refused to treat; a minority, however, seeing their hapless condition 
east of the Mississippi — State law and State jurisdiction invading their 
territory at every point, and strongly urged by the general govern- 
ment, accompanied with most sacred pledges of protection, entered 
into the treaty of New Echota, 1835, and, ceding their lands east, 
removed west of the Mississippi. These confiding men who made this 
treaty, and their adherents, are the same men who, with their wives 
and children, shivering in the cold, are now hovering on the borders 
of the Cherokee Nation, without shelter and without a home. Ainoug 
the signers of this treaty will be found the names of Elias Boudinot, 
George W. Adair, and Stand Watie. These men, after the lapse of 
thirty years, are here again before the government, insisting upon the 
observance of that faith and the assurance of that protection so 
solemnly guaranteed in the treaty. The last is here in person; the 
former two are represented here by their sons, Elias C. Boudinot 
and William Penn Adair. They made this treaty in pursuance of the 



50 THE CHEROKEE QUESTION. 

urgent wishes of the government. The non-treaty-making part}^ 
were tlie most numerous. Here is the initial point of the deadly 
feuds and hatred between the treaty and the non-treaty parties, which 
have continued from 1835 down to the present time without surcease 
or intermission, resulting in rapine, murder, and assassination, and 
the steady decline in numbers of this people. No intelligent man 
w^ho has lived on the frontier for the last quarter of a century can 
but be impressed with the utter impracticability of these contending 
factions ever living together in peace. The efforts of their princi- 
pal men, by the treaty of 1846, to allay the deadly strife, proved ut- 
terly futile. Murder and assassination followed upon its heel, and 
showed that the implacable spirit engendered by the treaty of 1835 
was inground in the people, and that no efforts of their chiefs could 
allay it. The reports of every superintendent, agent, and commis- 
sioner upon the Cherokee people, now on file in your office, demon- 
strate this. 

You invite me "to make any suggestions which ma}^ be of service 
to the government in arranging the difficulties between them," (the 
factions.) 

This is a problem which the policy of the government in the past 
has wholly failed to solve. If the object of the government be to 
fulfil in the spirit the various treaty stipulations — insure them 
peace and domestic tranquillity, to enlighten and advance them in 
the career of civilization, and to make them valuable neighbors and 
good friends — it is my deliberate opinion, based on an intimate 
knowledge of this people for a quarter of a century, and which is con- 
firmed by every record in your office bearing upon the subject, that 
there is but one way to attain it, and that one way is the partition of 
the Cherokee domain in the proportion of numbers, and the separa 
tion of this people into two distinct and separate communities. The 
necessity of this course of policy has been apparent to the govern- 
ment in the past, and as far back as 1846 President Polk, by a special 
message, urged it upon the attention of Congress, and advised sepa- 
ration, which recommendation was unheeded, and the treaty of 1846 
was entered into, which it was hoped would bring peace to this dis- 
tracted people. But it was a hollow truce, and the evils it was in- 
tended to cure still remain unabated, acquiring strength with time, 
and which, if not arrested by the only remedy — separation — will re- 
sult in the destruction of those to whom the government is peculiarly 
bound to aftbrd protection and relief. This policy brought peace to 
the distracted parties of the Choctaw Nation, They now form two 
peoples, Choctaws and Chickasaws, who, ever since the separation, 
have lived side by side in peace and friendship. So also of the Creeks 
and Seminoles. The ears of the government have been assailed from 
year to year with the recital of the brutal assassinations and butcherly 
murders which have occurred among these hostile factions on the 
borders of Arkansas, sometimes transgressing the line, exciting the 
apprehension of the whites, and leading to the organization of mili- 
tary companies. Like causes exist, and like results may be looked for 
in the future. The question has but one solution — separation. 



THE CHEROKEE QUESTION. 51 

The feuds among the Cherokees date far back, and have never 
ceased. The complications in which they were involved by reason 
of the rebellion only intensified the bitter hatred which already ex- 
isted, nothing more. 

The Cherokee troubles, I submit, should be dealt with practically, 
regard being had to past facts and future probabilities. The factions, 
after repeated trials, cannot settle or harmonize; they cannot agree to 
stop disagreement long enough to effect a plan of adjustment. The 
government, as umpire and guardian, should therefore do it for them. 
If the present policy be adhered to. and the government compel these 
factions to live together, refuse to place political and geographical 
barriers between them, a repetition of their past broils, feuds, and 
murders may be looked for, and the continued disquietude of the citi- 
zens of the borders of the neighboring States. 

Separation of the factions is the only salvation of the Cherokees; 
the only way by which peace and harmony can be restored to them. 

I have only further to say, that in making the above statements 
and in giving the above opinions 1 am only moved by a desire to see 
these people prosperous and happy. I have no interest otherwise in 
the matter, except so far as their condition affecting Arkansas might 
be taken as such. I have been treated with courtesy and hospitality 
by all parties among them, and I sincerely desire to see them har- 
monious and united. 

Before concluding, I wish to submit a few suggestions in reference 
to the civilized Indian nations west of Arkansas. The cordon of 
States is drawing closer and closer around them. In my own time, 
since living on the border, have two States arisen — one on the north, 
one on the south — and population is rapidly increasing in them all. A 
repetition of the history of the relations of the eastern Cherokees 
with the State of Georgia threatens. In a conflict arising between a 
sovereign State and the anomalous and dependent governmental or- 
ganizations of the Indian tribes, little forecast is required to deter- 
mine the result. History will but repeat itself. Is there no remedy ? 
or must these Indian nations fade away before the advancing line of 
new States and white civilization ? 

I submit. Mr. Commissioner, that if these different nations were 
aggregated together under one territorial government with the proper 
checks and safeguards; if their lands were surveyed and assigned in 
severalty; if the government would cut the leading strings and let 
them go, throw them upon their own efforts and resources, to sink or 
swim, then these people will move forward in civilization, maintain 
their identity, and win an honorable page in the history of states and 
nations. Treat them with the utmost liberality in their present un- 
fortunate condition, but pay them the last payment and the last dol- 
lar; banish the miserable,' corrupting, degrading system of boun- 
ties and Indian agencies, and let them go. Then holding their lands 
in severalty, and relying upon their own energies,_ their ambition will 
receive a new, powerful, and hitherto unknown stimulus, and all the 
great capabilities of the Indian will be developed. 

The territorial bill, introduced in the Senate during the last 



52 THE CHEROKEE QUESTION. 

Congress by Mr. Secretary Harlan, wliile a member of that body, 
looks to these ends. It is a measure conceived in the humane spirit 
of enlightened statesmanship, and, in my judgment, is the only one 
which will secure to the Indian identit}' of race, a State civilization, 
and a history worthy of preservation. I learn that a similar bill is 
now before Congress, and I trust it may soon become a law. 
Respectfully, your obedient servant, 

J. M. TEBBETTS. 
Hon. D. N. CooLEY, 

Commissioner Indian Affairs, Washington. D. C. 



K. 

Letter of Charles B. Johnson to Commissioner of Indian Affairs. 

Washington, D. C. Maij 7, 18GG. 
Sir: Yours of the 5th instant came duly to hand. In answer to 
your inquiries, I M'ill say that the Cherokees are about equally divided 
as to numbers, " northern and southern." Most of the southern Cher- 
okees have returned to that portion of their country known as the 
Canadian district, south of the Arkansas. It has not come to my 
knowledge of any troubles or difficulties between the two parties since 
the termination of the Avar, but do not believe it possible for them to 
live peaceably under the same local government. From my own 
knowledge, (which has been the experience of twenty-seven years,) 
the bad feelings existing between the "Ross" and " Watie" parties 
can never be reconciled. 

The worst state of things existed before the war. Since peace has 
come no change of feeling has taken place. I have been in frequent 
communication with both parties since the war. 
Yours with respect, 

CHARLES B. JOHNSON. 
Hon. D. N. CooLEY, 

Commissioner of Indian Affairs, Washington, D. C. 



Letter of Hon. B. T. Van Horn to Commissioner of Indian Affairs. 

House of Representatives, 
Washington, D. C, May 10, 18GG. 
Sir : Your letter of May 5 uas received yesterday, making cer- 
tain inquiries touching the Cherokee Nation of Indians. 

I have no means at hand to answer your interrogatory as to po[)U- 
lation, &c. 

I have lived in the west many years, and have had opportunities 
of forming an opinion in regard to the state of feeling between the 



THE CHEROKEE QUESTION. 53 

two parties in the Cherokee Nation, known as the " Ross ])arty," 
and "Ridge party," now designated as the "loyar' and "dis- 
loyal," respectively. 

Ever since their removal from Georgia to the southwest, these 
parties have been engaged in strife, and I do not believe they will ever 
be able to remain at peace if united. Blood has been freely shed 
heretofore, and will continue to be shed as long as one party has con- 
trol over the other. 

If the country had been divided twenty years ago, and the tribe 
separated, it v.'ould have been for the benefit of all; and I have no 
doubt that any attempt to keep them together in the future will only 
result in injury to both. 

The feud is too old and too bitter ever to be healed. 
Trulv yours. 

R. T. VAN HORN. 

Hon. D. N. CooLEY, 

Commissioner of Indian Affairs. 



M. 

Letter of General Blunt, to Commissioner of Indian Affairs. 

Washixgton, D. C, 3Iai/ ^, ISGG. 

Sir: In answer to your letter of yesterday, asking my views rela- 
tive to the condition of the Cherokee Indians, northern and southern, 
their numbers, location, <fcc., and the probability of their reuniting 
and living together as one people, I have the honor to state that du- 
ring the greater part of the time from May, 1862, to the close of the 
war, the southwestern Indian country was embraced within ray com- 
mand. The three regiments of loyal Indians were organized under 
my supervision, and served with me in the field in Arkansas and tiie 
Indian territory, in the campaigns of 1862 and 1863. And during 
the fall of 1865, since the termination of the war, I spent considera- 
ble time in the Cherokee Nation. 

During all this time my relation with the Cherokee country was 
such as to afford me opportunities of becoming intimately acquainted 
with the status or condition of the Cherokee people, and to ascertain 
the relations existing between what is known as the loyal and dis- 
loyal portions of the tribe or nation. 

In the fall of 1865, when I was last in the Cherokee Nation, the 
number of southern or disloyal Cherokees was between six thousand 
and seven thousand, which number comprised less than one-half of 
the entire aggregate of the Cherokee people. They were then lo- 
cated north of Red river, in the Choctaw and Chickasaw country, while 
the loyal Cherokees were occupying their former homes in their own 
country. What portion of die southern Cherokees, or whether any 
have since returned to their homes in the Cherokee country. I am 
unable to answer, as I have no information on the subject. 



54 THE CHEROKEE QUESTION. 

As to the "probability of the two parties of Cherokees, northern 
and southern, reuniting;, and living together as one people," I am 
clearly of the opinion that such a policy is impracticable, and would 
be inimical to the interests of both parties, and that the peace and 
security of each require their separation. 

The reasons upon which I base this opinion are briefly these : It 
is well known that for many years prior to the late war a bitter feud 
existed between two factions of the Cherokee people. One of these 
factions now comprises the loyal Cherokees, and the other comprises 
the southern or disloyal Cherokees, and during the last four or five 
years this feud has become greatly intensified by the events of the 
war ; and from my knowledge of the bitter hostility they manifest 
towards each other and of the peculiar traits of Indian character, I 
do not think it probable that amicable relations can again be re- 
stored among them, so as to admit of their living together in peace 
and harmony as one people under the same local jurisdiction. I be- 
lieve that however much the leading men of both factions may ex- 
ert themselves to preserve peace and security to life and property, 
their efforts will prove futile, unless they are separated and each 
party have their own municipal regulations. If this should not be 
done, and both factions are compelled to unite as one people, and be 
subject to such laws and regulations as may be prescriljed by the 
dominant party, then the bitter party feuds, resulting in assassina- 
tion and bloodshed that was so common prior to the war, wnll now be 
increased ten-fold; and in the execution of the local laws little pro- 
tection will be afforded to those who may be the victims of persecu- 
tion by members of the dominant party. 

Without expressing any opinion as to the manner of their separa- 
tion, or as to the section of country that should be set apart for the 
location of each party, I am quite confident that the mutual welfare 
of both factions of the Cherokees demands that they should be sepa- 
rated and located in different portions of their territory, where neither 
party shall be subject to the local laws and regulations of the other. 

I have the honor to be, very respectfully, vour obedient servant, 

■ JAS. G. BLUNT, 
Late Major General. 

Hon. D. N. CooLEY, 

Commissioner of Indian Affairs. 



N. 

Letter of D. H. Coojjer to Commissioner of Lulian Affairs. 

Washixgtox, 3Iay 16, 18GG. 

Sir : Having learned that it is your desire that I should furnish 

the Indian Office with any information in my possession relative to 

the present condition of the Cherokee Indians, both northern and 

southern, their location, numbers, <fec., (fcc, especially as regards the 



THE CHEROKEE QUESTION. 55 

probability of their reuniting and living together as one people, to- 
gether with my views and any suggestions which may be of service 
to the government in arranging the difficulties between them, in 
compliance therewith 1 have the honor to state, that for a number 
of years past I have had but little accurate information of the con- 
dition and numbers of the northern Cherokees. Before the late war 
they were located principally north of the Arkansas river, east of 
Grand river, south of the Spavinaw, a tributary of Grand river, and 
west of the State line of Arkansas. 

The southern Cherokees, before they left the Cherokee Nation, re- 
sided, mostly, west of Grand river, on the Verdigris and its branches, 
and in what is known as the Canadian district, in the forks of the 
Arkansas and Canadian rivers, and east of the Creek country. There 
were many exceptions to this classification, some of each party having 
resided within the localities inhabited mainly by the members of the 
opposite party. The present condition of the southern Cherokees 
is one of extreme poverty and destitution. A few of them have re- 
turned to the Cherokee country north of the Arkansas river; many 
are located in the Canadian district, and not a few yet remain among 
the Choctaws and Chickasaws. There are also many in Texas and 
other States, exiles from their country. 

At the date of the surrender of the army of the Confederate States 
in the trans-Mississippi department, the number of southern Chero- 
kees was estimated, by those having the best means of accurate in- 
formation on the subject, at five thousand five hundred. It would be 
safe, I think, to set down the southern Cherokees at something be- 
tween six and seven thousand souls. 

I have no means of arriving at the numbers and condition of the 
northern Cherokees, except the statistics embraced in the document 
accompanying j^our annual report for the year 1865. 

At one time during the late war between the United States and 
the so-called Confederate States, the troops raised by the two op- 
posing parties (the Ross and the Watie) among the Cherokees, for 
the service of the latter, were under my command, and I had fre- 
quent ample opportunity to observe the temper of these parties 
towards each other. I found an irreconcilable feud and the most 
deadly hostility existing between them, which 1 in vain attempted 
to remove; and I am entirely satisfied the members of the present 
generation among them will never live at peace together under 
the same government, unless forced to do so by military authority. 

And knowing the characteristic tendency of the Indian race to 
nurse and keep alive their feuds, and to transmit the desire for re- 
venge to their posterity, I doubt very much whether the deadly 
hate now existing between the Ross and Watie parties will be eradi- 
cated in another generation. 

Entertaining this belief, I do not hesitate to give my opinion— and 
I do it without the slightest prejudice or ill-feeling — that it is not 
only the true interest of these two parties among the Cherokees 
that they sliould be separated and located in distinct districts, with 
independent legislatures, but that it is the duty of the United States 



56 THE CHEROKEE QUESTION. 

government to require this to be done, as the very best means of pro- 
tecting them against "domestic strife." 

It is true the United States can, by keeping up a hirge standing 
military force among them, and by assuming the reins of government 
in the Cherokee Nation, reduce these people to subjection, and com- 
pel them to respect each other's rights; butthis,it is apparent, would 
involve very heavy expense, and the violation of existing treaties, by 
depriving the whole Cherokee people, northern and southern, of the 
right of self-government. 

Of the alternatives it seems to me a separation of the discordant, 
elements v^'ould be the most desirable and most acceptable to all 
parties. 

In this connexion I would most respectfully suggest, inasmuch as 
the two parties have a common interest in the Cherokee country and 
in the Cherokee funds, that an equitable division be made and a 
district or districts assigned to each, with well-defined boundaries, 
and that each party have guaranteed to them, by the United States, 
the right of jurisdiction and self-government over and within their 
respective limits; giving to the members of both parties the right 
freely to settle within the jurisdiction of the other, with all the 
rights, privileges, and immunities of citizens thereof, inclusive of 
the right to vote and hold office. 

To adopt this plan would not be experimental. There is a pre- 
cedent under the tripartite treaty of June, 1855, between the United 
States, the Choctaws, and the Chickasaws. 

It has succeeded admirably with the Choctaws and Chickasaws, 
who, before the conclusion of that treaty, were rapidly becoming hos- 
tile to each other, and, but for the wise and timely settlement of 
their difficulties by the United States in 1855, doubtless bloodshed 
would have resulted. 

I am, very respectfully, your obedient servant, 

DOUG^LAS H. COOPER. 

Hon. D. N. CooLEY, 

Commissioner of Indian Affairs, 

Department of the Inferior, Washington City. 



0. 

Letter of J. B. Luce to Commissioner of Indian Affairs. 

Washington, May 25, 18G6. 

Sm- In reply to your inquiries as to the present condition of the 
northern and southern Cherokees, and the probability of their re- 
uniting and living together again as one people, I have to state that 
my information relates rather to the past than to the present. 

I first became acquainted with Cherokee affairs while a clerk in the 
Indian Office, from February, 183S, to April, 1841. It was part of my 
duty to read and register all the letters received during the disturb- 



THE CIIEKOKEE QUESTION. 57 

ances of 1839. I was afterwards clerk to the southern snperintcnfl- 
ent, the late Major William Armstronf^, who took a leading part in 
making the treaty of 1S4G, and with whom I was then living. Up to 
that time, so far as my information extended, the o[»inion prevailed 
very generally that the feuds between the contending parties were 
irreconcilable, and that they could not live together in peace under 
one tribal government. The accounts which Major Armstrong gave 
of the efforts made by the leaders of the different parties on tliat oc- 
casion to effect a cordial reconciliation were such as to induce the 
belief that the trial was then made under the most favorable circum- 
stances, and for a while it seemed that the pacification was likely 
to be permanent. In 1848 my connexion with the Indian depart- 
ment terminated. Since then my opportunities for obtaining a knowl- 
edge of Cherokee affairs have been such only as were common to 
other citizens of Arkansas living near the Indian line. From time to 
time I have heard of the killing of prominent Cherokees identified 
with the parties at strife before 1846, but do not know enough of the 
circumstances to say how far they were connected with political 
causes. In 1861 there were decided indications that the old ani- 
mosity between the Ross and Ridge parties still existed, and that in 
some quarters it was as strong as ever. In 1862 other circumstances 
tended to confirm this impression. Since 1862 I have had no means 
of knowing anything of Cherokee affairs except from southern Chero- 
kees now in this city. 

It will thus be seen that my information on the subject of your in- 
quiries relates more especially to the treaty of 1846 and the seven or 
eight preceding years. I have always believed that whatever may 
have occurred before its date, that treaty was the expression of an 
honest, well-meant effort of the leaders on all sides to restore peace 
and harmony. If that effort failed, it seems to me but little could be 
hoped from any other. Any attempt to secure a reunion without the 
cordial concurrence and co-operation of the influential men of both 
parties would, in my opinion, be actually less likely to effect a recon- 
ciliation than a formal division or separation. Two instances some- 
what analogous occur to me which support this view of the case. 

The Chickasaws were left by their treaty of 1832 without a coun- 
try. Major Armstrong — the same officer to whom 1 have already re- 
ferred — made an arrangement or "convention," in 1837, for their 
admission into the Choctaw country on terms which be thought 
favorable to them, but which they w^ere induced to accept only be- 
cause they could in no other way secure a home. The two tribes 
speak substantially the same language. There had never been 
any feuds or hostilities to separate them. There was nothing that 
any outsider could perceive to prevent their becoming one people. 
Yet the objections, to all appearance imaginary, of the Chickasaw 
minority, equal to about one-fourth of the combined tribes,^ produced 
a running sore, which, in 1855, threatened serious mischief; so much 
so that the convention of 1837, after eighteen years' trial, was abro- 
gated, and the separate government of the Chickasaws restored. 
During the ten years of separation the tendency to union has been 
5 



58 THE CHEROKEE QUESTION. 

increasing-, and tlie two tribes are actually bound togctlier more 
closely at this moment than at any time while nominally united under 
a treaty. 

In 1845 the same officer, Major i\rmstrong, as president of a board 
of commissioners to negotiate a treaty with the Creeks and'Semi- 
noles, effected an arrangement for the latter tribe under similar cir- 
cumstances, and similar in its character to that made for the Chicka- 
saws in 1837, the same degree of reluctance on the part of the home- 
less minority being shown in both cases. There was in fact a strik- 
ing parallelism all the way through — the san;e apparent natural 
causes for union— the causes for disunion apparently trivial and ima- 
ginary — tlie real dilHculty in both cases arising from the want of con- 
sent on the part of the smaller tribe. The union of the Choctaws 
and Chickasaws lasted eighteen years; that of the Creeks and Semi- 
noles eleven. The latter was abrogated in 185G, and, as in the other 
case,_ was followed by a stronger tendency to consolidation than had 
previousl}^ existed. 

As already remarked, I am for these reasons led to doubt that the 
reunion of the Cherokees can be effected so long as it is resisted by 
any considerale portion of either one of the contending parties. 
Very respectfull}-, your most obedient servant, 

J. B. LUCE. 
Hon. D. N. CooLEY, 

Commissioner of Indian Jffairs. 













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